[Ch. Res. No. 1, 8-21-1963, sec. 1]
The inhabitants of the Town of Forest Heights within the corporate
limits legally established from time to time are hereby constituted
and continued a body corporate by the name of "The Town of Forest
Heights" with all the privileges of a body corporate, by that name
to sue and be sued, to plead and be impleaded in any court of law
or equity, to have and use a common seal and to have perpetual succession,
unless the Charter and the corporate existence are legally abrogated.
[Ch. Res. No. 1, 8-21-1963, sec. 2]
(a) Filing. The courses and distances showing the exact corporate limits
of the Town shall be filed at all times with the Clerk of the Circuit
Court of Prince George's County, the Commissioner of the Land Office,
the Director of the Department of Legislative Reference, and the Secretary
of State of Maryland.
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A copy of the courses and distance describing the corporate
boundaries shall be on file in the office of the Mayor or of the Town
Clerk. All the officials named in this section are hereby directed
to file or record all such descriptions of corporate boundaries so
filed with them, each in a suitable book or place, properly indexed
and reasonably available for public inspection during normal business
hours.
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The boundaries of the Town of Forest Heights shall be as follows:
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(b) Original boundaries. The original corporate boundaries:
(1) Being all of those tracts of land comprising Sections Two (2), Three
(3), Four (4), Five (5), Six (6), and Seven (7), of the subdivision
known as Forest Heights, Prince George's County, Maryland, as per
plat thereof duly recorded among the Plat Records of said county as
follows:
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Section 2, Forest Heights, B. B. No. 8, Folio 43.
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Section 3, Forest Heights, B. B. No. 9, Folio 77.
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Section 4, Forest Heights, B. B. No. 10, Folio 13.
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Section 5, Forest Heights, B. B. No. 10, Folio 14.
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Section 6, Forest Heights, B. B. No. 10, Folio 24.
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Section 7, Forest Heights, B. B. No. 10, Folio 51.
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(2) Also that parcel of land bounded on the East by the Indian Head Highway, on the south and southeast by the Parkway Drive and the intersection of Parkway Drive with the Indian Head Highway, on the west by the boundaries of the rear line of the lots of block (C), Section
2 on Parkway Drive, and on the north by the northern boundary, extended east, of the rear line of the lots of Block (C), Section
2 on Huron Drive.
(3) Also that parcel of land east of the Indian Head Highway, south of Livingston Road, and bounded on the east and south by Sections
5 and
6, as specified above. For the purposes of incorporation all the above tracts of land shall be regarded as contiguous, so that if gaps or islands should be found between them as a result of resurveys or surveyor's mistakes or inaccuracies, such gaps and islands shall be part of the incorporated area.
(c) First extension. The boundaries of the Town of Forest Heights are
hereby extended to include the following three parcels of land.
(1) Beginning for the same at the intersection of the Westerly and Southerly outline of Section
7 in the Subdivision of Forest Heights as per plat thereof recorded among the Land Records of Prince George's County, Maryland in Plat Book B. B. 10, Folio 51 and running thence (1) N. 87° 46' 30" W. 361.32 ft., thence with the Eastern line of the United States Government Hospital land to wit: (2) N. 11° 6' 20" E. 184 ft. (3) N. 1° 31' 20" E. 231. ft. (5) N. 39° 42' 40" W. 346.50 ft. (6) N. 49° 13' 40" W. 297.00 ft. (7) N. 5° 1' 20" E. 242.88 ft. (8) N. 25° 28' 40" W. 423.72 ft. thence leaving the said Hospital lands (9) N. 46° 08' 20" E. 413.27 ft. (10) S. 43° 51' 40" E. 865.31 ft. (11) S. 13° 10' 30" E. 1185.15 ft. (12) S. 6° 43' 30" W. 364.43 ft. to the place of beginning, containing 25,4142 acres more or less, as per plat and survey made by Charles W. Menard, Surveyor, December, 1952.
(2) Beginning for the same in the East line of the Prince George's County School holdings at the North line of Block C, Section
2 of the Subdivision of Forest Heights as incorporated under Chapter 142 of the Acts of the General Assembly of Maryland in the year 1949 and running thence (1) N. 15° 18' W. 80 ft. (2) N. 74° 42' E. 4.33 ft. (3) N. 15° 18' W. 371.47 ft. thence leaving the aforementioned East boundary of the School property (4) N. 75° 15' 15" E. 50 ft. (5) S. 15° 18' E. 241.02 ft. (6) N. 74° 42' E. 566.41 ft. (7) thence with the arc of a curve 29.19 ft. drawn to a radius of 390 ft. and having a delta angle of 18° 27' 20" and curving from Northerly to Easterly, thence (8) with the arc of a curve 29.83 ft. drawn to a radius of 22.54 ft. and curving from Northerly to Westerly, thence (9) N. 74° 42' E. 185.19 ft. (10) S. 6° 25' 40" 80.97 ft. thence (11). with the arc of a curve 28.32 ft. drawn to a radius of 20 ft. and curving from Northerly to Westerly, thence (12) S. 74° 42' W. 77.16 ft. (13) thence 109.48 ft. with the arc of a curve drawn to a radius of 340 ft., and having a delta angle of 18° 27' 20" and curving from Westerly to Southerly, thence (14) S. 6° 25' 40" E. 164.48 ft. to the North boundary line of Block C, Section
2 of Forest Heights Subdivision aforementioned and with said North boundary line (15)S. 74° 42' W. 611.18 ft. to the place of beginning and containing, _____ acres, more or less, as per plat and survey made by Charles W. Menard, Surveyor, December, 1952.
(3) Beginning for the same at a point on the East side of the Indian Head Naval Reservation Access Road, said point at being at the Southwest corner of Lot No. 3, Block V, Section
5 of Forest Heights, said Section
5 being recorded among the Plat Records of Prince George's County, Maryland in Plat Book B.B. No. 10, page 14, Section
5 being also cited in Section
2. House Bill No. 119, Chapter 142, an Act to incorporate The Town of Forest Heights, Maryland, said point of beginning being also at the Northwest corner of Lot No. 1, Block 3, Section
8 "Forest Heights" as recorded among said Plat Records in Plat Book W.N.W. 20, page 9A, thence leaving said road and running with the divisional line between Sections
5 and
8, which divisional line is also the present south boundary of Forest Heights, South 89 degrees 20 minutes 50 seconds East 453.67 feet to the Southeast corner of Lot 3, Block U, Section
5 of said Forest Heights, thence with the divisional line between said Sections
5 and
8, being the present east boundary line of Forest Heights, North 00 degrees 35 minutes West approximately 667 feet to a stone at the North corner of the lot now owned by the Washington Suburban Sanitary Commission, said stone being the beginning point of the First Parcel described in a deed dated April 16, 1951 and recorded among the Land Records of Prince George's County, Maryland, in Liber 1355 at folio 144 whereby the property was conveyed to William S. Banks and C.E. Banner by Oxon Hills, Inc., thence running with the 9th or last line of said conveyance reversed South 48 degrees 49 minutes East 829.60 feet to a gas pipe, thence continuing South 48 degrees 49 minutes East 26.40 feet to an old granite stone marked "B Cantor," said granite stone being the beginning point of the Second Parcel described in said conveyance and known as Lot No. 8, "Oxon Hill Manor," thence running with the lines of Lot No. 8 reversed the 8 following courses and distances (1) North 74 degrees East 57 1/12 perches (914.9 feet), (2) South 28 degrees 30 minutes East 8 perches (132 feet), (3) South 19 degrees 30 minutes East 26 perches (429 feet), (4) South 2 degrees 30 minutes East 29 1/2 perches (486.75 feet), (S) South 81 degrees 30 minutes West 18 perches (297 feet), (6) South 85 degrees West 13 14/25 perches (223.7 feet), (7) South 60 degrees 30 minutes West 27 18/25 perches (457.40 feet), and (8) North 46 degrees 45 minutes West 51 perches (841.5 feet) to intersect the 8th or North 34 degrees 10 minutes East 1952.05 foot line of the First Parcel, thence running with part of said 8th line reversed South 34 degrees 10 minutes West approximately 1194 feet to the said East side of the Indian Head Naval Reservation Access Road, thence running with the said side of said road approximately 1325 feet to the point of beginning. Including all of the subdivision known as Section
8, "Forest Heights," as per plats thereof recorded among the Land Records of Prince George's County, Maryland, in Plat Book W. W. W. 21, Folio 32 and Plat Book W. W. W. 20, Folio 95, part of the First Parcel and all of the Second Parcel above referred to and such other land subdivided or not subdivided as comes within the above defined area.
(d) Second extension. The boundaries of the Town of Forest Heights are
hereby extended to include the following parcels of land:
(1) Beginning at an iron pipe located North 74 degrees 42 minutes East 4.33 feet from the Southeast corner of Lot 26 in Block 200 in the subdivision known as Section
10, Forest Heights, as per plat recorded in Plat Book WWW No. 19, Plat No. 15 among the Land Records of Prince George's County, Maryland and running thence South 74 degrees 42 minutes West 1286.76 feet and running thence North 12 degrees 50 minutes 50 seconds East 375.16 feet to an iron pipe, thence North 22 degrees 19 minutes 50 seconds East 99 feet to an iron pipe, thence North 71 degrees 05 minutes 30 seconds East 722.16 feet to an iron pipe, thence North 75 degrees 15 minutes 15 seconds East 328.60 feet to an iron pipe located in the Westerly line of Chester Street as shown on the recorded plat of Section
10, Forest Heights and running thence with the Westerly side of Chester Street projected and extended South 15 degrees 18 minutes East approximately 452 feet to the place of beginning; compromising all that portion of said Section
10, Forest Heights located West of the Westerly line of Chester Street, as projected and extended to the Southerly line of said subdivision; otherwise known as Forest Heights Elementary School.
(2) Beginning at a point in the eighth line of a deed from Rosa E. Wasney,
widow, to John W. Miller, dated June 19th 1942, and being recorded
among the Land Records of Prince George's County in Liber 652, Folio
394, said point of beginning being situated 150 feet measured radially
from Station 879, 36.78 of the base line of Right of Way, as said
base line of Right of Way is delineated on State Roads Commission's
Plat No. 13600, said point of beginning being also the intersection
of said eighth line with the northerly Right of Way line of the Washington
Circumferential Highway, running thence and binding on a part of said
northerly Right of Way line of the Washington Circumferential Highway
by a curve to the left having a radius of 3014.79 feet for a distance
of 615.88 feet, said curve being subtended by a chord S. 67 degrees,
37 minutes, 10 seconds West 614.81 feet to intersect a line established
as the title line between the properties of the State of Maryland
to the use of the State Roads Commission of Maryland and the Board
of Education of Prince George's County, running thence and binding
on the aforementioned title line between the State of Maryland to
the use of the State Roads Commission of Maryland and the Board of
Education of Prince George's County North 24 degrees, 18 minutes,
10 seconds, West 607.30 feet to intersect the sixth line of the aforementioned
deed from Rosa E. Wasney, widow, to John W. Miller, running thence
and binding on said sixth line North 34 decrees, 13 minutes, 50 seconds
East 349.08 feet to the end thereof, thence leaving said sixth line
and binding on a part of the seventh and eighth lines of the aforementioned
deed from Rosa E. Wasney, widow, to John W. Miller South 50 degrees,
01 minutes, 23 seconds East 834.50 feet and South 13 degrees, 37 minutes
and 30 seconds West 73.92 feet to the place of beginning, containing
8.20 acres; otherwise known as Flintstone Elementary School.
(e) Third extension. The boundaries of Forest Heights are hereby extended
to include the following parcel of land:
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Part or parcel of that certain tract of land shown in Plat recorded
among the Land Records of Prince George's County, Maryland in Plat
Book 22 at Plat 32, lying immediately North of Block numbered Two
Hundred Three (203) and extending North 74 degrees 42 minutes East
214 feet more or less to the line of a storm drain easement; thence
North 69 degrees 30 minutes West 260 feet more or less to the eastward
line of Chester Way:, thence South 15 degrees 18 minutes West 152
feet more or less to the northward line of Lot 1 in Block 203 at the
point of beginning; containing 16,050 square feet of land, more or
less.
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(f) Fourth extension. The boundaries of Forest Heights are hereby extended
to include the following parcels of land:
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Parcel # 1. Beginning at an iron pipe on the
south right-of-way line of the Washington Circumferential Highway
(Highway Plat No. 13600 & 14599), said pipe being on the division
line between Lots 6 and 7, Joseph S. Wasney's "Oxon Hill Manor," Oxon
Hill District, Prince George's County, Maryland, and running with
the West line of Lot 7, S 5 deg. 21 min. 30 sec. E, 771.22 feet to
an iron pipe (P. CC.) on the North side of Oxon Hill Road (Highway
Plat 3084), thence with said road on a curve whose Radius=289.79 feet,
Delta= 4 deg. 18 min. 43 sec., Arc= 217.86 feet, S 75 deg. 36 min.
10 sec. W, Chord= 217.80 feet to a C. S., thence with a chord spiral,
S 72 deg. 14 min. 40 sec. W, 151.03 feet to a S. T., thence S 72 deg.
01 min. 50 sec. W, 83.39 feet to an iron pipe; thence leaving Oxon
Hill Road and running with the East line of the Oxon Hill Lutheran
Church N 20 deg. 53 min. 30 sec. W, 202.91 feet to a stone; thence
N 12 deg. 05 min. 30 sec. W, 422.07 feet to an iron pipe (P. CC.);
thence with the South right-of-way line of the Washington Circumferential
Highway on a curve whose Radius= 879.93 feet, Delta= 6 deg. 51 min.
35 sec., Arc= 105.35 feet. N 44 deg. 31 min. 00 sec. E, Chord= 105.31
feet to an iron pipe, thence with a curve whose Radius= 2714.79 feet,
Delta= 10 deg. 32 min. 06 sec., Arc= 499.17 feet, N 64 deg. 16 min.
10 sec. E. Chord= 498.47 feet to the point of beginning.
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This part of Lot 6. Joseph S. Wasney's "Oxon Hill Manor" contains
8.4823 acres. Present owner is Forest Heights Baptist Church, Liber
2221 at Folio 514.
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Parcel #2. Being part of the land of the State
Roads Commission of Maryland as shown on Highway Plat No. 14599 and
being more particularly described as follows: Beginning at a point
on the South right-of-way line of the Washington Circumferential Highway,
said point being the Northwest corner of the Forest Heights Baptist
Church property as described in Liber 221 at Folio 514; thence N 06
deg. 21 min. 40 sec. E, 406.26 feet to the Southwest corner of the
Flintstone Elementary School property, said point being located on
the North right-of-way line of the Washington Circumferential Highway;
thence along the North right-of-way line on a curve having a Radius=
3014.79 feet. Delta= 11 deg. 42 min. 17 sec. Arc= 615.88 feet, Tangent=
309.02 feet, Chord= 614.81 feet, and a Chord Bearing of N 67 deg.
36 min. 20 sec. E to a point, said point being a corner of the Flintstone
Elementary School property: thence S 14 deg. 39 min. 00 sec. W, 358.12
feet to the Northeast corner of the Forest Heights Baptist Church
property, said point being on the South right-of-way line of the aforesaid
highway; thence along the South right-of-way line of said highway
on a curve having a Radius= 2714.79 feet, Delta= 10 deg. 32 min. 06
sec., Arc. [=] 499.17 feet, Tangent= 250.29 feet, Chord= 498.47 feet
and a Chord Bearing a S 64 deg. 16 min. 10 sec. W to a point; thence
continuing along the South right-of-way line on a curve having a Radius=
879.93 feet, Delta= 06 deg. 51 min. 35 sec., Arc= 105.35 feet, Tangent=
52.74 feet, Chord= 105.31 feet and a Chord Bearing of S 44 deg. 31
min. 00 sec. W to the point of beginning, containing 4.1441 acres.
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(g) Fifth Extension. The boundaries of Forest Heights are hereby
extended to include the following two parcels of land:
[Added 10-20-2010 by Annexation Res. No. 01-2010]
(1) Parcel One. Beginning for the same at a point on the easterly side of Chester Street, a 50 foot wide right-of-way as shown on a Plat of Subdivision entitled "Blocks 200-201-202, Section
10, Forest Heights" recorded among said Land Records in Plat Book 19 at Plat No. 15, with the intersection of the southwesterly line of said 50 foot wide Storm Drain Easement, said point also being at the northwesterly end of the 2nd or South 69°50'00" East, 259.16 foot line of the property of Prince George's County, Maryland described as Parcel 49 in Liber 5174 at Folio 497 and as described by metes and bounds in Liber 2895 at Folio 163; thence with the westerly line of Chester Street,
(i) North
15°18'00" West, 90.66 feet to a point on the southerly line of
Audrey Lane, a 70 foot right-of-way as shown on a Plat of Subdivision
entitled "Resubdivision Plat, Bell Acres" recorded among said Land
Records in Plat Book WWW 23, Plat No. 79; thence with part of said
southerly right-of-way line of Audrey Lane,
(ii) North 75°15'15" East, 211.66 feet to a point at the northwesterly
corner of the property of Joaquim F. Nazario and Matilde A. Nazario
as described in a deed dated September 21, 2005 and recorded among
said Land Records in Liber 24070 at Folio 001; thence with the outline
of the Nazario property the following two (2) courses,
(iii) South 14°44'45" East, 207.26 feet to a point on the center line
of the aforesaid 50 foot Storm Drain Easement, and continuing with
the center line of the Storm Drain Easement and the Nazario property,
(iv) South 69°50'00" East, 54.69 feet to a point on the North 74°42'00"
East, 80.00 foot rear property line of Lot 6 as shown on said Plat
Book WWW 22, Plat No. 32, 51.82 feet southwesterly of the northeasterly
end thereof; thence reversely with part of said rear property line
of Lot 6 and part of Lot 5,
(v) South
74°42'00" West, 43.11 feet to the southwesterly line of said 50
foot Storm Drain Easement and the aforesaid 2nd line in Liber 2895
at Folio 163; thence with the southwesterly line of said easement
and reversely with the 2nd line of said Liber 2895 at Folio 163, and
(vi) North 69°50'00" West, 259.16 feet to the place of beginning,
containing 35,363 square feet or 0.8118 of an acre of land as shown
on Exhibit ‘A' attached hereto and made a part hereof.
(2) Parcel
Two. Beginning for the same at a point at the southwest corner of
Parcel B as shown on a Plat of Subdivision entitled "Parcel B, Talbert
Tract" recorded among said Land Records in Plat Book NLP 108 at Plat
No. 23, and following the outline of the property as described in
the aforesaid Liber 24070 at Folio 001, the following eight (8) courses
as now surveyed:
(i) South
74°42'00" West, 15.36 feet to a point;
(ii) South 29°28'00" East, 22.54 feet to a point;
(iii) South 58°23'00" West, 29.18 feet to a point;
(iv) South 74°42'00" West, 312.22 feet to a point on the center line
of a 50 foot wide Storm Drain Easement as shown on a Plat of Subdivision
entitled "Blocks 200-203, Forest Heights, Section 11" recorded among
said Land Records in Plat Book WWW 22 at Plat No. 32, said point being
South 74°42'00" West, 51.82 feet to the common rear corner of
Lots 6 and 7, Block 203 of said Plat Book WWW 22 at Plat No. 32; thence
with said storm drain center line;
(v) North
69°50'00" West, 54.69 feet to a point; thence leaving said storm
drain center line;
(vi) North 14°44'45" West, 207.26 feet to a point on the southerly
right-of-way line of Audrey Lane, a 70 foot wide right-of-way dedicated
on a Plat of Subdivision entitled "Resubdivision Plat, Bell Acres"
recorded among said Land Records in Plat Book WWW 23 at Plat No. 79;
thence with part of said southerly right-of-way line;
(vii) North 75°15'15" East, 408.15 feet to a point of curvature; thence
leaving said right-of-way line;
(viii) 205.58 feet along the arc of a non-tangent curve, deflecting to the
right, having a radius of 5949.77 feet and a chord bearing South 10°58'03"
East, 205.57 feet to the place of beginning, containing 93,888 square
feet or 2.1554 acres of land as shown on Exhibit 'B' attached hereto
and made a part hereof.
(h) Sixth Extension. The boundaries of Forest Heights
are hereby extended to include the following parcel of land:
[Added 1-21-2015 by Annexation Res. No. 01-2014; amended 6-6-2016 by Annexation
Res. No. 01-2016]
(1) Beginning for the same at a point on the Northerly or South 71°05'30" West, 722.16 feet plat line of Section
10 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the Land Records of Prince George's County, Maryland in Plat Book WWW 19 at Plat Number 15, said point being at the Northerly end of the Common line between Oxon Run Drive and a parcel to be conveyed to MNCP&PC of the aforesaid Section
10, Forest Heights, said point also being on the Southerly or South 66°36'40" West, 722.16 feet plat line of a Resubdivision Plat entitled "Bell Acres" and recorded among the aforesaid Land Records in Plat Book WWW 23 at Plat Number 79, said point being at the Southerly end of the Common line between the aforesaid Oxon Run Drive and Parcel B of the aforesaid Bell Acres, thence leaving the aforesaid Common line between Oxon Run Drive and a parcel to be conveyed to MNCP&PC of Section
10, Forest Heights, and also leaving the aforesaid Common line between Oxon Run Drive and Parcel B of Bell Acres, and running with and binding on the aforesaid Northerly plat line of Section
10, Forest Heights, and also running with and binding on the aforesaid Southerly plat line of Bell Acres, which line is also the present northerly boundary line of the Town of Forest Heights, the following course and distance:
(i) South 66°32'57" West, 87.58 feet to a point at the beginning of the Fourth or South 17°52'47" West, 99.00 feet line of Tract 3 as described in a Judgement (sic) by & between the United States of America, plaintiff, and Fred N. Maloof, et al, defendants, dated August 28, 1962 and recorded among the aforesaid Land Records in Liber 2723 at Folio 235, thence leaving the aforesaid Southerly plat line of Bell Acres, and running reversely with and binding on the outline of the aforesaid Section
10, Forest Heights, and also running with and binding on the aforesaid Fourth line of Tract 3 and the Fifth line of the aforesaid Tract 3 as described in the Deed recorded in Liber 2723 at Folio 235 (Parcel 13), which line is also the present western boundary line of Forest Heights, the following two courses and distances,
(ii)
South 17°47'17" West, 99.00 feet to a point, thence,
(iii)
South 08°18'17" West, 375.16 feet to a point on the Northerly or South 74°42' West, 2,241.60 feet plat line of Section
2 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book BB 8 at Plat Number 43, distant 37.57 feet easterly from the Westerly end thereof, thence leaving the outline of the aforesaid Section
10, Forest Heights, and running with and binding on the outline of the aforesaid Section
2, Forest Heights, and also running with and binding on the Sixth through Eighth lines of Tract 3 as described in the aforesaid Deed recorded in Liber 2723 at Folio 235, and also running with and binding on the outline of Section
3 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book BB 9 at Plat Number 77, the following three courses and distances,
(iv)
South 70°09'27" West, 37.57 feet to a point, thence,
(v) South 09°27'27" West, 660.00 feet to a point, thence,
(vi)
South 36°57'27" West, 165.00 feet to a point at the beginning of the Fifth or South 48°18'43" East, 234.52 feet line as described in a Deed from O. Ellsworth Rue & Katherine W. Rue to the United States of America, dated January 31, 1962 and recorded among the aforesaid Land Records in Liber 2665 at Folio 420 (Parcel 14), thence running with and binding on the aforesaid Fifth line as described in the Deed recorded in Liber 2665 at Folio 420 (Parcel 14), and also continuing with the outline of Section
3, Forest Heights, the following course and distance.
(vii)
South 48°24'13" East, 234.52 feet to a point at the Easterly end of the Northerly or South 46°08'20" West, 410.24 feet plat line of Section
17 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book WWW 24 at Plat Number 25, thence leaving the outline of the aforesaid Section
3, Forest Heights, and running with and binding on the outline of the aforesaid Section
17, Forest Heights, and also running with and binding on the Sixth line as described in the aforesaid Deed recorded in Liber 2665 at Folio 420 (Parcel 14), and an extension thereof, the following course and distance,
(viii)
South 41°35'47" West, 436.58 feet to a point in Bald
Eagle Drive, said point also being on the Ninth or North 26° West,
25.68 perches line as described in a Deed from Samuel Bieber &
Johanna Bieber to the United States of America, dated November 21,
1891 and recorded among the aforesaid Land Records in Liber JWB 20
at Folio 150 (Parcel 24), thence running with and binding on the aforesaid
Bald Eagle Drive, and also running reversely with and binding on the
aforesaid Ninth line and the Eighth through Third lines as described
in the aforesaid Deed recorded in Liber JWB 20 at Folio 150 (Parcel
24, the following eight courses and distances,
(ix)
South 30°01'13" East, 359.36 feet to a point, thence,
(x) South 01°10'17" West, 253.90 feet to a point, thence,
(xi)
South 53°46'13" East, 296.16 feet to a point of curvature,
thence,
(xii)
115.44 feet along the arc of a tangent curve, deflecting to
the right, having a radius of 695.00 feet and a chord bearing and
distance of South 49°00'43" East, 115.30 feet to a point
of tangency, thence,
(xiii)
South 44°15'13" East, 174.05 feet to a point, thence,
(xiv)
South 27°46'13" East, 495.18 feet to a point, thence,
(xv)
South 03°01'13" East, 242.27 feet to a point, thence,
(xvi)
South 06°33'47" West, 78.02 feet to a point on the westerly extension of the Southerly or North 87°46'30" West, 766.10 feet plat line of Section
16 as shown on an Amended Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book WWW 28 at Plat Number 5, which line is also the present south boundary line of Forest Heights, thence leaving the aforesaid Bald Eagle Drive, and also leaving the aforesaid Third line as described in the Deed recorded in Liber JWB 20 at Folio 150, and running with and binding on the aforesaid westerly extension of the Southerly plat line of Section
16, Forest Heights the following course and distance,
(xvii)
North 87°40'57" East, 15.18 feet to a point on the Easterly Right-of-Way line of Bald Eagle Road, thence leaving the aforesaid extension of the Southerly plat line of Section
16, Forest Heights, and running with and binding on the aforesaid Easterly Right-of-Way line of Bald Eagle Road, also further running for a new boundary line of Forest Heights, the following two courses and distances,
(xviii) South 06°33'47" West, 327.05 feet
to a point, thence,
(xix)
South 16°59'10" East, 1,102.02 feet to a point on the
Northerly Right-of-Way line of the Washington Circumferential Highway
as shown on State Roads Commission Plat Number 17273, said point also
being on the extension of the Fifth or North 72°39'04" East,
25.94 feet line of Tract 5 as described in a Deed from the United
States of America to the Maryland State Roads Commission, dated July
8, 1959 and recorded among the aforesaid Land Records in Liber 2372
at Folio 613 (Parcel 24), thence leaving the aforesaid Easterly Right-of-Way
line of Bald Eagle Road, and running reversely with and binding on
the aforesaid extension of the Fifth line of Tract 5 and the Fourth
through Second lines of Tract 5 as described in the Deed recorded
in Liber 2372 at Folio 613 (Parcel 24), and also running with and
binding on the aforesaid Northerly Right-of-Way line of the Washington
Circumferential Highway, the following four courses and distances,
(xx)
South 72°38'57" West, 40.86 feet to a point, thence,
(xxi)
South 10°05'02" East, 270.65 feet to a point, thence,
(xxii)
South 56°26'02" West, 152.68 feet to a point, thence,
(xxiii) South 62°03'22" West, 95.64 feet to
a point on the Twenty-Fifth or North 84°15' East, 30.00 perches
line as described in the aforesaid Deed recorded in Liber JWB 20 at
Folio 150, said point also being at the beginning of the Second or
South 61°47'57" West, 713.35 feet line of Tract 3-A as described
in a Judgment by & between the United States of America, petitioner,
and Smoot Sand and Gravel Corporation, et al, defendants, dated May
5, 1958 and recorded among the aforesaid Land Records in Liber 2207
at Folio 483 (Parcel 2), thence leaving the aforesaid Twenty-Fifth
line as described in the Deed recorded in Liber JWB 20 at Folio 150,
and also leaving the aforesaid Second line as described in the Deed
recorded in Liber 2372 at Folio 613, and running with and binding
on the aforesaid Second line of Tract 3-A and the Third & Fourth
lines of the aforesaid Tract 3-A as described in the Deed recorded
in Liber 2207 at Folio 483 (Parcel 2), and also continuing with the
aforesaid Northerly Right-of-Way line of the Washington Circumferential
Highway as shown on the aforesaid State Roads Commission Plat Number
17273 and as shown on State Roads Commission Plat Number 16214, the
following three courses and distances,
(xxiv)
South 61°45'10" West, 707.87 feet to a point, thence,
(xxv)
South 56°26'02" West, 300.00 feet to a point, thence,
(xxvi)
South 50°22'43" West, 487.46 feet to a point at the
end of the Fifth or North 74°06'38" East, 209.24 feet line
of Tract 2-A as described in the aforesaid Deed recorded in Liber
2207 at Folio 483, thence leaving the aforesaid Fourth line of Tract
3-A as described in the Deed recorded in Liber 2207 at Folio 483,
and running reversely with and binding on the aforesaid Fifth line
of Tract 2-A and the Fourth through First lines of Tract 2-A as described
in the aforesaid Deed recorded in Liber 2207 at Folio 483, and also
continuing with the aforesaid Northerly Right-of-Way line of the Washington
Circumferential Highway, the following five courses and distances,
(xxvii) South 74°06'03" West, 209.24 feet
to a point, thence,
(xxviii) South 52°43'54" West, 286.20 feet
to a point, thence,
(xxix)
South 62°39'46" West, 254.74 feet to a point, thence,
(xxx)
South 35°06'26" West, 154.89 feet to a point, thence,
(xxxi)
South 88°29'10" West, 1,491.64 feet to a point at the
Easterly Right-of-Way line of the Anacostia Freeway, said point also
being at the end of the Fifth or South 55°09'23" East, 457.82
feet line of Tract 3 as described in the aforesaid Deed recorded in
Liber 2207 at Folio 483, thence leaving the aforesaid First line of
Tract 3 as described in the aforesaid Deed recorded in Liber 2207
at Folio 483, and also leaving the aforesaid Northerly Right-of-Way
line of the Washington Circumferential Highway, and running reversely
with and binding on the aforesaid Fifth line of Tract 3 and the Fourth
line of Tract 3 as described in the aforesaid Deed recorded in Liber
2207 at Folio 483, and also. . .running with and binding on the aforesaid
Easterly Right-of-Way line of the Anacostia Freeway, the following
two courses and distances,
(xxxii) North 55°09'23" West, 458.23 feet
to a point, thence,
(xxxiii) North 37°46'07" West, 575.39 feet
to a point on the First or South 01°26'03" East, 559.52 feet
line of Tract 1B as described in the aforesaid Deed recorded in Liber
2207 at Folio 483, distant 370.00 feet from the beginning thereof,
thence leaving the aforesaid Fourth line of Tract 3 as described in
the aforesaid Deed recorded in Liber 2207 at Folio 483, and running
reversely with and binding on the aforesaid First line of Tract 1B
as described in the aforesaid Deed recorded in Liber 2207 at Folio
483, and also continuing with the Easterly Right-of-Way line of the
Anacostia Freeway, the following course and distance,
(xxxiv) North 01°26'03" West, 370.00 feet
to a point on the Fourteenth or South 87°59' East, 220-1/12th
perches line of Parcel Number One as described in a Deed from John
C. Heald & Emma B. Heald to the United States of America, dated
July 31, 1891 and recorded among the aforesaid Land Records in Liber
JWB 21 at Folio 55 (part of Parcel 31 [East of Anacostia Freeway,
I-295]), thence leaving the aforesaid First line of Tract 1B as described
in the aforesaid Deed recorded in Liber 2207 at Folio 483, and running
reversely with and binding on the aforesaid Fourteenth line of Parcel
Number One as described in the aforesaid Deed recorded in Liber JWB
21 at Folio 55 (part of Parcel 31 [East of Anacostia Freeway, I-295]),
and also running reversely with and binding on the Sixth line of Tract
1B as described in the aforesaid Deed recorded in Liber 2207 at Folio
483, and further continuing with the aforesaid Easterly Right-of-Way
line of the Anacostia Freeway, the following course and distance,
(xxxv)
South 88°31'52" West, 383.06 feet to a point of curvature
at the end of the Second or 1,697.27 feet arc line of Tract 5 as described
in the aforesaid Deed recorded in Liber 2372 at Folio 613, thence
leaving the aforesaid Fourteenth line of Parcel Number One as described
in the aforesaid Deed recorded in Liber JWB 21 at Folio 55, and also
leaving the aforesaid Sixth line of Tract 1B as described in the Deed
recorded in Liber 2207 at Folio 483, and running reversely with and
binding on the aforesaid Second line of Tract 5 as described in the
aforesaid Deed recorded in Liber 2372 at Folio 613, and also continuing
with the aforesaid Easterly Right-of-Way line of the Anacostia Freeway,
the following course and distance,
(xxxvi) 1,719.70 feet along the arc of a non-tangent
curve, deflecting to the right, having a radius of 4,433.66 feet and
a chord bearing and distance of North 16°31'35" West, 1,708.94
feet to a point on the Common line between the District of Columbia
and Prince George's County, Maryland, said point also being on
the Twelfth or South 49-1/4th ° West, 84-1/6th perches line of
the aforesaid Parcel Number One as described in the aforesaid Deed
recorded in Liber JWB 21 at Folio 55, thence leaving the aforesaid
Second line of Tract 5 as described in the aforesaid Deed recorded
in Liber 2372 at Folio 613, and also leaving the aforesaid Easterly
Right-of-Way line of the Anacostia Freeway, and running with and binding
on the aforesaid Common line between the District of Columbia and
Prince George's County, Maryland, and also running reversely
with and binding on the aforesaid Twelfth line of Parcel Number One
as described in the aforesaid Deed recorded in Liber JWB 21 at Folio
55, and further running reversely with and binding on the Sixteenth
or South 49°15' West, 13-1/12th perches line of an Unnamed
Parcel as described in the aforesaid Deed recorded in Liber JWB 21
at Folio 55 (part of Parcel 31 [East of Anacostia Freeway, I-295]),
the following course and distance,
(xxxvii) North 44°58'52" East, 473.44 feet
to a point in Oxon Run, thence leaving the aforesaid Common line between
the District of Columbia and Prince George's County, Maryland,
and running with and binding on the First through Fourth lines of
the aforesaid Unnamed Parcel as described in the aforesaid Deed recorded
in Liber JWB 21 at Folio 55, and also with Oxon Run, the following
four courses and distances,
(xxxviii) South 07°29'08" East, 190.64 feet
to a point, thence,
(xxxix) South 68°44'08" East, 283.80 feet
to a point, thence,
(xl)
South 39°44'08" East, 165.00 feet to a point, thence,
(xli)
South 51°14'08" East, 440.00 feet to a point at the
end of the Sixteenth line as described in the aforesaid Deed recorded
in Liber JWB 20 at Folio 150 (Parcel 24), thence leaving the aforesaid
Fourth line of the aforesaid Unnamed Parcel as described in the aforesaid
Deed recorded in Liber JWB 21 at Folio 55, and running reversely with
and binding on the aforesaid Sixteenth line as described in the aforesaid
Deed recorded in Liber JWB 20 at Folio 150 (Parcel 24), and also continuing
with Oxon Run, the following two courses and distances,
(xlii)
North 47°50'23" East, 1,688.88 feet to a point, thence,
(xliii) North 04°29'55" East, 602.46 feet
to a point at the beginning of the Ninth or North 81°57'
West, 511.50 feet line as described in Deed from the Smoot Sand and
Gravel corporation, a Delaware corporation, to the United States of
America, dated July 23, 1962 and recorded among the aforesaid Land
Records in Liber 2707 at Folio 19 (Parcel 12), thence leaving the
aforesaid Sixteenth line as described in the aforesaid Deed recorded
in Liber JWB 20 at Folio 150, and also leaving Oxon Run, and running
with and binding on the aforesaid Ninth line and the Tenth line as
described in the aforesaid Deed recorded in Liber 2707 at Folio 19
(Parcel 12), the following two courses and distances,
(xliv)
North 82°01'05" West, 511.50 feet to a point, thence,
(xlv)
North 20°49'05" West, 325.96 feet to a point on the
aforesaid Common line between the District of Columbia and Prince
George's County, Maryland, thence running with and binding on
the aforesaid Common line between the District of Columbia and Prince
George's County, Maryland, and also running with and binding
on the Eleventh line as described in the Deed recorded in Liber 2707
at Folio 19, and also running with and binding on the First line of
Tract 3 as described in the aforesaid Deed recorded in Liber 2723
at Folio 235, and further running with and binding on the Northerly
or North 45°02'38" East, 786.80 feet line of the aforesaid
Parcel B of Bell Acres, the following course and distance,
(xlvi)
North 44°58'52" East, 4,572.83 feet to a point of curvature
at the Northerly end of the aforesaid Common line between Oxon Run
Drive and Parcel B of Bell Acres, thence leaving the aforesaid Common
line between the District of Columbia and Prince George's County,
Maryland, and running with and binding on the Common lines between
the aforesaid Oxon Run Drive and Parcel B of Bell Acres the following
four courses and distances,
(xlvii) 342.51 feet along the arc of a non-tangent
curve, deflecting to the left, having a radius of 560.00 feet and
a chord bearing and distance of South 27°27'36" West, 337.20
feet to a point of tangency, thence,
(xlviii) South 09°56'17" West, 381.76 feet
to a point of curvature, thence,
(xlix)
378.94 feet along the arc of a tangent curve, deflecting to
the right, having a radius of 4,839.80 feet and a chord bearing and
distance of South 12°10'52" West, 378.85 feet to a point
of compound curvature, thence,
(l) 69.72 feet along the arc of a tangent curve, deflecting to the right,
having a radius of 949.85 feet and a chord bearing and distance of
South 16°31'36" West, 69.70 feet to the point of beginning,
containing 446.88 acres of land.
(i) Seventh Extension. The boundaries of Forest Heights
are hereby extended to include the following two parcels of land:
[Added 1-21-2015 by Annexation Res. No. 02-2014; amended 6-6-2016 by Annexation
Res. No. 02-2016]
(1) Parcel One.
Beginning for the same at a point on the Southerly or North 87°46'30" West, 786.34 feet Plat line of Section
16 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the Land Records of Prince George's County, Maryland in Plat Book WWW 26 at Plat Number 38, said point also being on the First or North 04°15' East, 120.00 feet line of the Second Parcel as described in a Deed from Adrian P. Fisher to William S. Butler, dated October 4, 1951 and recorded among the aforesaid Land Records in Liber 1418 at Folio 125 (Parcel 26), thence leaving the aforesaid First line of the Second Parcel as described in the Deed recorded in Liber 1418 at Folio 125, and running reversely with and binding on the aforesaid Southerly Plat line of Section
16 of Forest Heights, and also running with and binding on the Southerly Plat line of Section
15 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book WWW 23 at Plat Number 39, and further running with and binding on the Southerly Plat line of Section
7 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book BB 10 at Plat Number 51, and an extension thereof, which line is also the present southern boundary line of the Town of Forest Heights, the following course and distance
(i) North 87°40'57" East, 952.51 feet to a point at the intersection of Cree Drive as shown on the aforesaid Southerly Plat line of Section
7, Forest Heights and the Westerly Right-of-Way line of Ramp "H" of the Washington Circumferential Highway as shown on State Roads Commission Plat Number 17273, said point also being at the beginning of the Third or North 87°27'06" East, 148.28 feet line of Tract 5-B as described in a Deed from the United States of America, acting by and through the Department of Commerce, Bureau of Public Roads, to the Maryland State Roads Commission, dated July 8, 1959 and recorded among the aforesaid Land Records in Liber 2372 at Folio 613 (Parcel 45), thence leaving the aforesaid intersection of Cree Drive and Ramp "H" of the Washington Circumferential Highway, and running with and binding on the aforesaid Southerly Plat line of Section
7, Forest Heights, and an extension thereof, and also running with and binding on the aforesaid Third line of Tract 5-B as described in the Deed recorded in Liber 2372 at Folio 613, and an extension thereof, and running in, through, over and across the aforesaid Ramp "H" of the Washington Circumferential Highway Right-of-Way, and also running in, through, over and across the Indian Head Highway Right-of-Way as shown on the aforesaid State Roads Commission Plat Number 17273, and further running in, through, over and across Arapahoe Terrace, and continuing with the southern boundary line of the Town of Forest Heights the following course and distance,
(ii)
North 87°40'57" East, 395.81 feet to a point on the Easterly Right-of-Way line of the aforesaid Arapahoe Terrace, said point also being on the Westerly Plat line of Section
8 as shown on a Plat of Subdivision entitled "Forest Heights" and recorded among the aforesaid Land Records in Plat Book WWW 21 at Plat Number 32, thence running with and binding on the aforesaid Easterly Right-of-Way line of Arapahoe Terrace, and also running with and binding on the aforesaid Westerly Plat time of Section
8, and continuing with the southern boundary line of the Town of Forest Heights, the following course and distance,
(iii)
South 00°25'49" East, 421.90 feet to a point on the Seventh or North 34°13'00" East, 1,004.49 feet line as described in a Deed from the United States of America, acting by and through the Secretary of Health, Education, and Welfare, to the State of Maryland, dated February 15, 1957 and recorded among the aforesaid Land Records in Liber 2094 at Folio 102, said point being the southerly tip of Section
8 and a corner of Outlot 'A', thence leaving the aforesaid Easterly Right-of-Way line of Arapahoe Terrace extended, and running with and binding on the aforesaid Seventh line as described in the Deed recorded in Liber 2094 at Folio 102, and also continuing with the outline of the aforesaid Section
8 of Forest Heights, the following course and distance,
(iv)
North 34°20'21" East, 845.25 feet to a point at the end of the Second or North 24°18'10" West, 607.30 feet line as described in a Deed from John W. Miller & Frances Miller to the State of Maryland, dated August 15, 1955 and recorded among the aforesaid Land Records in Liber 1893 at Folio 293 (Parcel 135), said point also being at the Northerly end of the Westerly or North 24°19'30" West, 606.98 feet line of Parcel "A" as shown on a Record Plat entitled "Flintstone Elementary School" and recorded among the aforesaid Land Records in Plat Book NLP 94 at Plat Number 8, thence leaving the aforesaid Seventh line as described in the Deed recorded in Liber 2094 at Folio 102, and also leaving the aforesaid Section
8 of Forest Heights, and running reversely with and binding on the aforesaid Second line as described in the Deed recorded in Liber 1893 at Folio 293 (Parcel 135), and also running reversely with and binding on the aforesaid Westerly line of Parcel "A", and continuing with the southern boundary line of the Town of Forest Heights, the following course and distance,
(v) South 24°10'49" East, 613.47 feet to a point on the Northerly
Right-of-Way line of the aforesaid Washington Circumferential Highway
as shown on State Roads Commission Plat Number 13600, thence leaving
the aforesaid Second line as described in the Deed recorded in Liber
1893 at Folio 293, and also leaving the aforesaid Westerly line of
Parcel "A", and running in, through, over and across the aforesaid
Washington Circumferential Highway (also referred to as the Capitol
Beltway), and continuing with the southern boundary line of the Town
of Forest Heights, the following course and distance,
(vi)
South 05°27'19" West, 402.06 feet to a point on the
Southerly Right-of-Way line of the aforesaid Washington Circumferential
Highway, said point also being at the end of the Sixth or North 12°05'30"
West, 422.07 feet line as described in a Deed from the aforesaid John
W. Miller & Frances L. Miller to the Forest Heights Baptist Church,
Inc., a body corporate, dated June 13, 1958 and recorded among the
aforesaid Land Records in Liber 2221 at Folio 514 (Parcel 327), said
point further being on the First or South 12°02'20" East,
1,401.22 feet line as described in the aforesaid Deed recorded in
Liber 2094 at Folio 102 (SHA), thence leaving the aforesaid Southerly
Right-of-Way line of the Washington Circumferential Highway, and running
reversely with and binding on the aforesaid Sixth line as described
in the Deed recorded in Liber 2221 at Folio 514 (Parcel 327), and
also running with and binding on the aforesaid First line as described
in the Deed recorded in Liber 2094 at Folio 102 (SHA), the following
course and distance,
(vii)
South 11°54'09" East, 421.59 feet to a point at the
end of the Second or North 68°46'20" East, 215.00 feet line
as described in a Deed from Coldwell Banker Real Estate Holdings,
Inc., a Delaware corporation, to Stevens Companies, L.L.C., dated
June 16, 2000 and recorded among the aforesaid Land Records in Liber
13936 at Folio 240 (Parcel 182), thence leaving the aforesaid Sixth
line as described in the Deed recorded in Liber 2221 at Folio 514
(Parcel 327), and also leaving the present south boundary line of
Forest Heights, and running reversely with and binding on the aforesaid
Second line and the First line as described in the Deed recorded in
Liber 13936 at Folio 240 (Parcel 182), and an extension of the First
line thereof, and also running with and binding on the Second &
Third lines as described in the aforesaid Deed recorded in Liber 2094
at Folio 102 (SHA), and an extension of the Third line thereof, said
extensions of the aforesaid First line as described in the Deed recorded
in Liber 13936 at Folio 240 (Parcel 182), and the aforesaid Third
line as described in the Deed recorded in Liber 2094 at Folio 102
(SHA), running in, through, over and across the Oxon Hill Road Right-of-Way
as shown on State Roads Commission Plat Numbers 51054 and 55716, and
further running for a new boundary line of the Town of Forest Heights,
the following two courses and distances,
(viii)
South 68°58'51" West, 210.73 feet to a point, thence,
(ix)
South 17°58'12" East, 287.53 feet to a point on the
Southerly or South 71°18'08" West, 136.30 feet Right-of-Way
line of the aforesaid Oxon Hill Road as shown on State Roads Commission
Plat Number 55716, thence running with and binding on the aforesaid
Southerly Right-of-Way line of Oxon Hill Road the following two courses
and distances,
(x) South 71°21'05" West, 37.23 feet to a point, thence,
(xi)
South 72°02'46" West, 143.09 feet to a point at the
intersection of the aforesaid Oxon Hill Road and Ramp 'F'
of the aforesaid Indian Head Highway as shown on the aforesaid State
Roads Commission Plat Number 51054, said point also being on the Westerly
or North 14°51'46" East, 485.36 feet line of Lot 1 as shown
on a Record Plat entitled "Southwood" and recorded among the aforesaid
Land Records in Plat Book NLP 113 at Plat Number 75, thence leaving
the aforesaid intersection of Oxon Hill Road and Ramp 'F'
of Indian Head Highway, and running with and binding on the Easterly
Right-of-Way line of the aforesaid Ramp 'F' of Indian Head
Highway, and also running reversely with and binding on the aforesaid
Westerly line of Lot 1, Southwood, the following course and distance,
(xii)
South 14°55'42" West, 474.91 feet to a point at the
Northerly end of the Westerly or North 04°09'21" East, 205.70
feet line of Lot 8 as shown on a Plat of Resubdivision entitled "Potomac
Business Park" and recorded among the aforesaid Land Records in Plat
Book MMB 233 at Plat Number 87, thence leaving the aforesaid Westerly
line of Lot 1, Southwood, and running reversely with and binding on
the aforesaid Westerly line of Lot 8, Potomac Business Park, and also
continuing with the aforesaid Easterly Right-of-Way line of Ramp 'F'
of Indian Head Highway, the following two courses and distances,
(xiii)
South 04°16'36" West, 209.00 feet to a point, thence,
(xiv)
South 05°51'22" West, 397.82 feet to a point at the
Westerly end of the Northerly or South 89°57'07" East, 127.00
feet line of Parcel A as shown on a Record Plat entitled "Potomac
Business Park" and recorded among the aforesaid Land Records in Plat
Book NLP 152 at Plat Number 32, thence leaving the aforesaid Easterly
Right-of-Way line of Ramp 'F' of Indian Head Highway, and
running with and binding on the aforesaid Northerly line of Parcel
A, Potomac Business Park, and also continuing with the outline of
the aforesaid Lot 8, Potomac Business Park, the following course and
distance,
(xv)
South 89°49'57" East, 32.13 feet to a point at the
Southerly end of the Common or North 05°48'37" East, 202.06
feet line between the aforesaid Lot 8, Potomac Business Park and Lot
7 as shown on the aforesaid Plat of Resubdivision recorded in Plat
Book MMB 233 at Plat Number 87, thence leaving the aforesaid Northerly
line of Parcel A, Potomac Business Park, and running with and binding
on the Common lines between the aforesaid Lots 7 & 8, Potomac
Business Park the following two courses and distances,
(xvi)
North 05°52'33" East, 202.06 feet to a point, thence,
(xvii)
North 53°40'03" East. 372.56 feet to a point on the
Westerly or 675.52 feet are Right-of-Way line of Felker Avenue as
shown on a Street Dedication Plat entitled "Potomac Business Park"
and recorded among the aforesaid Land Records in Plat Book NLP 152
at Plat Number 31, thence leaving the aforesaid Common line between
Lots 7 & 8, Potomac Business Park, and running reversely with
and binding on the aforesaid Westerly Right-of-Way line of Felker
Avenue the following course and distance,
(xviii) 466.16 feet along the arc of a non-tangent
curve, deflecting to the left, having a radius of 435.00 feet and
a chord bearing and distance of South 43°34'34" East, 444.17
feet to a point at the Northerly end of the Easterly or South 23°21'05"
West, 485.64 feet line of the aforesaid Parcel A, Potomac Business
Park, said point also being at the Northerly end of the Westerly or
North 23°24'15" East, 485.63 feet line of Lot 10 as shown
on a Plat of Resubdivision entitled "Potomac Business Park" and recorded
among the aforesaid Land Records in Plat Book MMB 234 at Plat Number
21, thence leaving the aforesaid Westerly Right-of-Way line of Felker
Avenue, and running with and binding on the Common lines between the
aforesaid Easterly line of Parcel A & Lot 10, Potomac Business
Park, the following two courses and distances,
(xix)
South 23° 25'01" West, 485.64 feet to a point, thence,
(xx)
South 25°49'58" East, 152.00 feet to a point at the
beginning of the Fifth or North 53°35' East, 407.04 feet
line as described in a Deed from the aforesaid John W. Miller &
Frances Miller to the Board of Education of Prince George's County,
Maryland, a body corporate and politic, dated November 16, 1955 and
recorded among the aforesaid Land Records in Liber 1934 at Folio 529
(Parcel 3), thence leaving the outline of the aforesaid Parcel A,
Potomac Business Park, and running with and binding on the aforesaid
Fifth line as described in the Deed recorded in Liber 1934 at Folio
529, and also continuing with the outline of the aforesaid Plat of
Resubdivision recorded in Plat Book MMB 234 at Plat Number 21, the
following course and distance,
(xxi)
North 53°42'36" East, 396.94 feet to a point of curvature
at the end of the Second or 67.93 feet are line of the Southerly Right-of-Way
line of Felker Avenue as described in a Deed from the Board of Education
of Prince George's County, Maryland to Prince George's County,
Maryland, a body corporate and politic, dated August 30, 2011 and
recorded among the aforesaid Land Records in Liber 32948 at Folio
343, thence leaving the aforesaid Fifth line as described in the Deed
recorded in Liber 1934 at Folio 529, and also leaving the outline
of the aforesaid Plat of Resubdivision recorded in Plat Book MMB 234
at Plat Number 21, and running reversely with and binding on the Second
line of the Southerly Right-of-Way line of Felker Avenue the following
course and distance,
(xxii)
70.02 feet along the arc of a non-tangent curve, deflecting
to the left, having a radius of 70.00 feet and a chord bearing and
distance of North 81°27'40" East, 67.14 feet to a point on
the Sixth line as described in the aforesaid Deed recorded in Liber
1934 at Folio 529 (Parcel 3), said point also being on the outline
of the aforesaid Plat of Resubdivision recorded in Plat Book MMB 234
at Plat Number 21, thence leaving the aforesaid Second line of the
Southerly Right-of-Way line of Felker Avenue, and running with and
binding on the aforesaid Sixth line as described in the Deed recorded
in Liber 1934 at Folio 529, and also running with the outline of the
aforesaid Plat of Resubdivision recorded in Plat Book MMB 234 at Plat
Number 21, and an extension thereof, the following course and distance,
(xxiii) North 87°16'01" East, 566.44 feet
to a point at the beginning of the First or North 20°37'15"
East, 152.52 feet line as described in a Deed from Warren E. Tydings,
et al to the Board of Education of Prince George's County, Maryland,
a body corporate and politic, dated May 19, 1971 and recorded among
the aforesaid Land Records in Liber 3946 at Folio 162 (Parcel 10),
said point also being at the end of the Seventh or South 20°38'20"
West, 339.59 feet line of Parcel 1 as described in a Deed from Alice
V. Miller, et al to the Board of Education of Prince George's
County, Maryland, a body corporate and politic, dated November 16,
1955 and recorded among the aforesaid Land Records in Liber 1934 at
Folio 526, said point further being on the Westerly or North 20°38'20"
East, 300.00 feet line of Parcel A as shown on a Record Plat entitled
"Portabello Property" and recorded among the aforesaid Land Records
in Plat Book WWW 55 at Plat Number 1, thence leaving the aforesaid
Sixth line as described in the Deed recorded in Liber 1934 at 529,
and running with and binding on the aforesaid First line as described
in the Deed recorded in Liber 3946 at Folio 162 (Parcel 10), and also
running reversely with and binding on the aforesaid Seventh line of
Parcel 1 as described in the Deed recorded in Liber 1934 at Folio
526, and further running with and binding on the aforesaid Westerly
line of Parcel A, Portabello Property, the following course and distance,
(xxiv)
North 20°42'11" East, 152.66 feet to a point, thence
leaving the aforesaid Seventh line of Parcel 1 as described in the
Deed recorded in Liber 1934 at Folio 526, and also leaving the aforesaid
Westerly line of Parcel A, Portabello Property, and running with and
binding on the Second line as described in the aforesaid Deed recorded
in Liber 3946 at Folio 162 (Parcel 10) the following course and distance,
(xxv)
North 86°43'27" East, 281.60 feet to a point at the
Southerly end of the Easterly or South 06°21'40" West, 141.03
feet line of the aforesaid Parcel A, Portabello Property, thence running
reversely with and binding on the aforesaid Easterly line of Parcel
A, Portabello Property, and also running with and binding on the Third
line as described in the Deed recorded in Liber 3946 at Folio 162,
the following course and distance,
(xxvi)
North 06°25'36" East, 21.03 feet to a point at the
Westerly end of the Southerly or North 57°38'10" West, 556.21
feet plat line as shown on a Plat of Subdivision entitled "Blocks
A-F, Livingston Heights" and recorded among the aforesaid Land Records
in Plat Book WWW 26 at Plat Number 90, thence leaving the aforesaid
outline of Parcel A, Portabello Property, and running reversely with
and binding on the outline of the aforesaid Livingston Heights Plat
of Subdivision, and also running with and binding on the Fourth line
as described in the Deed recorded in Liber 3946 at Folio 162, and
further running with and binding on the Ninth through Twelfth lines
as described in a Deed from the aforesaid John W. Miller & Frances
Miller to the Board of Education of Prince George's County, Maryland,
a body corporate and politic, dated April 8, 1964 and recorded among
the aforesaid Land Records in Liber 2963 at Folio 208 (Parcel 5),
the following four courses and distances,
(xxvii) South 57°34'14" East, 556.21 feet
to a point, thence,
(xxviii) South 35°19'46" West, 96.84 feet
to a point, thence,
(xxix)
South 51°08'04" East, 205.53 feet to a point, thence,
(xxx)
South 01°43'39" East, 27.40 feet to a point at the
Northerly end of the Westerly or North 01°51'50" West, 194.62
feet plat line as shown on a Plat of Subdivision entitled "Norris
Pyles Addition to Livingston Heights" and recorded among the aforesaid
Land Records in Plat Book WWW 48 at Plat Number 96, thence leaving
the outline of the aforesaid Livingston Heights Plat of Subdivision,
and running with and binding on the aforesaid Westerly line of the
Norris Pyles Addition to Livingston Heights Plat of Subdivision, and
also continuing with the aforesaid Twelfth line as described in the
Deed recorded in Liber 2963 at Folio 208 (Parcel 5), the following
course and distance,
(xxxi)
South 01°47'54" East, 194.62 feet to a point at the
Easterly end of the Northerly or North 84°09'40" East, 546.83
feet plat line of Plat No. Seven as shown on a Plat of Subdivision
entitled "South-Lawn" and recorded among the aforesaid Land Records
in Plat Book WWW25 at Plat Number 53, thence leaving the aforesaid
Westerly plat line of the Norris Pyles Addition to Livingston Heights
Plat of Subdivision, and running reversely with and binding on the
outline of the aforesaid Plat No. Seven, South-Lawn, and also running
with and binding on the First & Second lines as described in the
Deed recorded in Liber 2963 at Folio 208, the following two courses
and distances,
(xxxii) South 84°13'36" West, 546.83 feet
to a point, thence,
(xxxiii) South 05°27'44" East, 133.45 feet
to a point at the Easterly end of the Northerly or North 78°15'20"
East, 1,114.65 feet plat line of Plat No. Five as shown on a Plat
of Subdivision entitled "South-Lawn" and recorded among the aforesaid
Land Records in Plat Book WWW 23 at Plat Number 26, thence leaving
the outline of the aforesaid Plat No. Seven of South-Lawn, and running
reversely with and binding on the aforesaid Northerly plat line of
Plat No. Five, South-Lawn, and also running reversely with and binding
on the Northerly Plat line of Plat No. Four as shown on a Plat of
Subdivision entitled "South-Lawn" and recorded among the aforesaid
Land Records in Plat Book WWW 23 at Plat Number 25, and further running
with and binding on the Third line as described in the aforesaid Deed
recorded in Liber 2963 at Folio 208 and the Second line as described
in the aforesaid Deed recorded in Liber 1934 at Folio 529, and also
further running with and binding on the Southerly or South 78°15'20"
West, 428.28 feet line of Parcel 'A' as shown on a Record
Plat entitled "Southlawn Local Park" and recorded among the aforesaid
Land Records in Plat Book WWW 78 at Plat Number 41, the following
course and distance,
(xxxiv) South 78°19'16" West, 2,034.60 feet
to a point at the beginning of the Second or North 01°10'50"
West, 55.00 feet line as described in a Deed from the aforesaid John
W. Miller & Frances Miller to the Washington Suburban Sanitary
Commission, a public corporation of the State of Maryland, dated August
12, 1960 and recorded among the aforesaid Land Records in Liber 2477
at Folio 245, thence leaving the aforesaid Northerly Plat line of
Plat No. Four, South-Lawn, and running with and binding on the aforesaid
Second line and the Third line as described in the aforesaid Deed
recorded in Liber 2477 at Folio 245, and also continuing with the
outline of the aforesaid Parcel 'A', Southlawn Local Park,
the following two courses and distances,
(xxxv)
North 00°06'54" West, 55.00 feet to a point, thence,
(xxxvi) South 78°19'16" West, 239.87 feet
to a point on the Easterly or 210.84 feet arc Right-of-Way line of
the aforesaid Indian Head Highway as shown on State Roads Commission
Plat Number 48566, thence leaving the outline of the aforesaid Parcel 'A',
Southlawn Local Park, and also leaving the aforesaid Third line as
described in the Deed recorded in Liber 2477 at Folio 245, and further
leaving the aforesaid Easterly Right-of-Way line of Indian Head Highway,
and running in, through, over and across the aforesaid Indian Head
Highway Right-of-Way the following course and distance,
(xxxvii) North 25°41'49" West, 744.42 feet
to a point at the Southerly end of the Westerly or North 01°15'18"
East, 301.95 feet Right-of-Way line of the aforesaid Indian Head Highway,
said point also being at the beginning of the Seventh or North 61°33'03"
West, 181.47 feet line as described in a Deed from Vivian M. Densford,
et al to Prince George's County, dated December 22, 1986 and
recorded among the aforesaid Land Records in Liber 6519 at Folio 919
(Parcel 6), said point further being at the end of the Second or South
61°32'33" East, 182.42 feet line as described in a Deed from
Salubria Holdings, Inc., a Delaware corporation, to Rosecliff Realty
Funding, Inc., a Delaware corporation, dated October 19, 1995 and
recorded among the aforesaid Land Records in Liber 10440 at Folio
12, thence leaving the aforesaid Westerly Right-of-Way line of Indian
Head Highway, and running with and binding on the aforesaid Seventh
line and the Eighth & Ninth lines as described in the Deed recorded
in Liber 6519 at Folio 919 (Parcel 6), and also running reversely
with and binding on the aforesaid Second line and the First &
Seventh lines as described in the Deed recorded in Liber 10440 at
Folio 12, the following three courses and distances,
(xxxviii) North 61°33'03" West, 181.47 feet
to a point, thence,
(xxxix) North 46°21'03" West, 404.80 feet
to a point, thence,
(xl)
North 78°37'02" West, 495.12 feet to a point at the
Northerly end of the Easterly or South 18°19'46" West, 280.39
feet Right-of-Way line of the aforesaid Oxon Hill Road as shown on
State Roads Commission Plat Number 48569, thence running with and
binding on the aforesaid Easterly Right-of-Way line of Oxon Hill Road,
and also running reversely with and binding on the Sixth through Fourth
lines as described in the aforesaid Deed recorded in Liber 10440 at
Folio 12, the following three courses and distances,
(xli)
South 18°31'18" West, 280.07 feet to a point, thence,
(xlii)
South 09°12'13" West, 106.18 feet to a point, thence,
(xliii) South 75°52'07" East, 47.03 feet to
a point at the Northerly end of the Westerly or North 09°14'40"
East, 155.57 feet line of Parcel "A" as shown on a Record Plat entitled
"Salubria" and recorded among the aforesaid Land Records in Plat Book
REP 192 at Folio 63, thence leaving the aforesaid Fourth line as described
in the Deed recorded in Liber 10440 at Folio 12, and running reversely
with and binding on the outline of the aforesaid Parcel "A", Salubria,
and also continuing with the aforesaid Easterly Right-of-Way line
of Oxon Hill Road, the following four courses and distances,
(xliv)
South 09°14'40" West, 155.56 feet to a point, thence,
(xlv)
South 06°22'55" West, 220.53 feet to a point, thence,
(xlvi)
South 09°23'12" West, 362.63 feet to a point, thence,
(xlvii) South 10°52'40" West, 38.97 feet to
a point at the Northerly end of the Westerly or North 09°05'20"
East, 209.82 feet line of Parcel 1 as shown on a Plat of Correction
entitled "Plat 2, Salubria" and recorded among the aforesaid Land
Records in Plat Book MMB 237 at Plat Number 68, thence leaving the
outline of the aforesaid Parcel "A", Salubria, and running reversely
with and binding on the outline of the aforesaid Parcel 1, Salubria,
and also continuing with the aforesaid Easterly Right-of-Way line
of Oxon Hill Road, the following course and distance,
(xlviii) South 09°05'20" West, 209.82 feet
to a point at the Northerly end of the Easterly or South 15°23'24"
West, 100.60 feet Right-of-Way line of the aforesaid Oxon Hill Road
as shown on Prince George's County Right-of-Way Plat Number 1689,
said point being 57.00 feet to the right of and perpendicular to Baseline
Station 88+29.56, thence continuing with the outline of the aforesaid
Parcel 1, Salubria, and also continuing with the aforesaid Easterly
Right-of-Way line of Oxon Hill Road, the following eight courses and
distances,
(xlix)
South 15°21'58" West, 100.60 feet to a point, thence,
(l) South 09°05'20" West, 151.40 feet to a point, thence,
(li)
South 19°15'37" West, 62.29 feet to a point, thence,
(lii)
South 09°05'20" West, 331.54 feet to a point, thence,
(liii)
South 03°22'42" West, 10.05 feet to a point, thence,
(liv)
South 09°05'20" West, 0.88 feet to a point of curvature,
thence,
(lv)
113.36 feet along the arc of a non-tangent curve, deflecting
to the left, having a radius of 5,968.00 feet and a chord bearing
and distance of South 08°32'41" West, 113.36 feet to a point
of tangency, thence,
(lvi)
South 08°00'02" West, 24.95 feet to a point at the
Southerly end of the Easterly or South 08°01'28" West, 24.87
feet line of the aforesaid Oxon Hill Road as shown on Prince George's
County Right-of-Way Plat Number 1688, thence continuing with the aforesaid
Easterly Right-of-Way line of Oxon Hill Road, and also continuing
with the outline of the aforesaid Parcel 1, Salubria, the following
course and distance,
(lvii)
South 85°29'57" East, 198.78 feet to a point, thence
leaving the outline of the aforesaid Parcel 1, Salubria, and continuing
with the aforesaid Easterly Right-of-Way line of Oxon Hill Road the
following eight courses and distances,
(lviii) South 04°38'03" West, 296.96 feet
to a point, thence,
(lix)
South 74°46'52" West, 163.14 feet to a point, thence,
(lx)
South 31°51'22" West, 73.20 feet to a point of curvature,
thence,
(lxi)
8.41 feet along the arc of a non-tangent curve, deflecting to
the left, having a radius of 70.00 feet and a chord bearing and distance
of South 49°53'42" East, 8.41 feet to a point of reverse
curvature, thence,
(lxii)
40.78 feet along the arc of a tangent curve, deflecting to the
right, having a radius of 163.00 feet and a chord bearing and distance
of South 46°10'15" East, 40.67 feet to a point, thence,
(lxiii) South 45°46'39" West, 56.54 feet to
a point of curvature, thence,
(lxiv)
42.70 feet along the arc of a non-tangent curve, deflecting
to the left, having a radius of 30.00 feet and a chord bearing and
distance of North 82°55'05" West, 39.18 feet to a point of
compound curvature, thence,
(lxv)
44.67 feet along the arc of a tangent curve, deflecting to the
left, having a radius of 50.62 feet and a chord bearing and distance
of South 31°01'38" West, 43.24 feet to a point, thence leaving
the aforesaid Easterly Right-of-Way Way line of Oxon Hill Road, and
running in, through, over and across the aforesaid Oxon Hill Road
Right-of-Way the following course and distance,
(lxvi)
North 62°45'33" West, 72.51 feet to a point at the
beginning of the Westerly or 22.53 feet are Right-of-Way line of the
aforesaid Oxon Hill Road as shown on Prince George's County Right-of-Way
Plat Number 1687, said point also being on the First or South 77°04'10"
West, 717.30 feet line as described in a Deed from Financial Realty
Company, a Delaware corporation, to the Maryland-National Capital
Park and Planning Commission, a public body corporate, dated September
23, 1976 and recorded among the aforesaid Land Records in Liber 4677
at Folio 452 (Parcel 4), said point further being on the Northerly
or North 76°46'08" East, 721.43 feet plat line as shown on
a Plat of Subdivision entitled "Blocks A & B, North Potomac View"
and recorded among the aforesaid Land Records in Plat Book WWW 27
at Plat Number 93, thence leaving the aforesaid Westerly Right-of-Way
line of Oxon Hill Road, and running with and binding on the aforesaid
First line as described in the Deed recorded in Liber 4677 at Folio
452 (Parcel 4), and also running reversely with and binding on the
outline of the aforesaid North Potomac View Plat of Subdivision, the
following course and distance,
(lxvii) South 76°47'41" West, 703.44 feet
to a point, thence running with and binding on the Second line as
described in the aforesaid Deed recorded in Liber 4677 at Folio 452,
and also running with and binding on the First or South 86°53'35"
West, 730.42 feet line as described in a Deed from James T. Lewis,
Trustee to the Maryland-National Capital Park and Planning Commission,
a public body corporate, dated November 26, 1986 and recorded among
the aforesaid Land Records in Liber 6490 at Folio 948, and also continuing
with the outline of the aforesaid North Potomac View Plat of Subdivision,
the following course and distance,
(lxviii) South 86°51'02" West, 882.29 feet
to a point at the Northerly end of the Easterly or South 31°13'08"
East, 164.39 feet plat line as shown on a Plat of Subdivision entitled
"Betty Blume Neighborhood Park" and recorded among the aforesaid Land
Records in Plat Book NLP 105 at Plat Number 95, thence leaving the
aforesaid First line as described in the Deed recorded in Liber 6490
at Folio 948, and running with and binding on the outline of the aforesaid
Betty Blume Neighborhood Park Plat of Subdivision, and also continuing
with the outline of the aforesaid North Potomac View Plat of Subdivision,
the following two courses and distances,
(lxix)
South 31°16'07" East, 165.23 feet to a point, thence,
(lxx)
South 33°29'35" East, 30.59 feet to a point of curvature
at the Easterly end of the Northerly or 43.01 feet are Right-of-Way
line of Balmoral Drive as shown on the aforesaid Betty Blume Neighborhood
Park Record Plat, thence leaving the outline of the aforesaid North
Potomac View Plat of Subdivision, and running with and binding on
the aforesaid Northerly Right-of-Way line of Balmoral Drive, and a
westerly extension thereof, and also running with and binding on the
outline of the aforesaid Betty Blume Neighborhood Park Record Plat,
and further running reversely with and binding on the Second or 155.05
feet are line as described in a Deed from Blaine W. Menke, III &
Patricia F. Menke to Ray W. King, Jr. & Yuliana Y. King, dated
May 6, 2011 and recorded among the aforesaid Land Records in Liber
32674 at Folio 547, and also further running reversely with and binding
on the Seventh or 14.10 feet are line as described in a Deed from
James H. Bouldin & Claudette Bouldin to James W. Williams, dated
May 28, 2003 and recorded among the aforesaid Land Records in Liber
17723 at Folio 331, the following course and distance,
(lxxi)
212.16 feet along the are of a curve, deflecting to the left,
having a radius of 630.00 feet and a chord bearing and distance of
South 63°40'44" West, 211.16 feet to a point of tangency,
thence running reversely with and binding on the Sixth & Fifth
lines, and an extension of said Fifth line, as described in the aforesaid
Deed recorded in Liber 17723 at Folio 331, and also continuing with
the outline of the aforesaid Betty Blume Neighborhood Park Record
Plat, the following two courses and distances,
(lxxii) South 54°01'53" West, 130.46 feet
to a point of curvature, thence,
(lxxiii) 141.86 feet along the are of a tangent curve,
deflecting to the left, having a radius of 440.00 feet and a chord
bearing and distance of South 44°47'42" West, 141.25 feet
to a point at the Easterly end of the Northerly or South 53°37'10"
East, 98.74 feet line of Lot 1, Block G as shown on a Plat of Subdivision
entitled "North Potomac Vista" and recorded among the aforesaid Land
Records in Plat Book WWW 34 at Plat Number 63, thence running reversely
with and binding on the aforesaid Northerly line of Lot 1, Block G,
North Potomac Vista, and also running reversely with and binding on
the Northerly or South 53°37'10" East, 200.00 feet plat line
as shown on a Plat of Subdivision entitled "North Potomac Vista" and
recorded among the aforesaid Land Records in Plat Book WWW 39 at Plat
Number 87, and further running reversely with and binding on the Northerly
or South 53°37'10" East, 20.44 feet plat line as shown on
a Plat of Subdivision entitled "North Potomac Vista" and recorded
among the aforesaid Land Records in Plat Book WWW 57 at Plat Number
76, and also continuing with the outline of the aforesaid Betty Blume
Neighborhood Park Record Plat, the following course and distance,
(lxxiv) North 53°35'37" West, 319.18 feet
to a point, thence continuing with the outline of the aforesaid North
Potomac Vista Plat of Subdivision recorded among the aforesaid Land
Records in Plat Book WWW 57 at Plat Number 76, and also continuing
with the outline of the aforesaid Betty Blume Neighborhood Park Record
Plat, the following two courses and distances,
(lxxv)
North 46°20'37" West, 298.27 feet to a point, thence,
(lxxvi) South 86°55'10" West, 13.34 feet to
a point at the end of the Second or South 09°01'36" East,
858.81 feet line as described in a Deed by and between the United
States of America and the Maryland-National Capital Park and Planning
Commission, dated December 28, 1999 and recorded among the aforesaid
Land Records in Liber 13598 at Folio 231, thence leaving the outline
of the aforesaid North Potomac Vista Plat of Subdivision recorded
among the aforesaid Land Records in Plat Book WWW 57 at Plat Number
76, and running reversely with and binding on the aforesaid Second
line as described in the Deed recorded in Liber 13598 at Folio 231,
and also continuing with the outline of the aforesaid Betty Blume
Neighborhood Park Record Plat, the following course and distance,
(lxxvii) North 09°57'21" West, 510.05 feet
to a point at the Westerly end of the Southerly or South 70°18'52"
West, 499.81 feet plat line of Plat Four as shown on a Plat of Subdivision
entitled "Portamerica" and recorded among the aforesaid Land Records
in Plat Book NLP 153 at Plat Number 59, thence leaving the aforesaid
Second line as described in the Deed recorded in Liber 13598 at Folio
231, and running reversely with and binding on the aforesaid Southerly
plat line of Plat Four, Portamerica, and also running with and binding
on the outline of the aforesaid Betty Blume Neighborhood Park Record
Plat, the following two courses and distances,
(lxxviii) North 70°20'25" East, 499.81 feet
to a point, thence,
(lxxix) South 80°53'47" East, 369.91 feet
to a point at the beginning of the Third or North 86°53'35"
East, 331.51 feet line as described in the aforesaid Deed recorded
in Liber 6490 at Folio 948 (Parcel 44), thence leaving the outline
of the aforesaid Betty Blume Neighborhood Park Record Plat, and running
with and binding on the aforesaid Third line and the Fourth line as
described in the aforesaid Deed recorded in Liber 6490 at Folio 948
(Parcel 44), and also continuing with the aforesaid Southerly plat
line of Plat Four, Portamerica, the following two courses and distances,
(lxxx)
North 86°55'08" East, 331.51 feet to a point, thence,
(lxxxi) North 00°19'45" East, 515.16 feet
to a point at the Southerly end of the Common or North 00°18'12"
East, 6.47 feet line between Outlot "G" and South Portamerica Grande
Boulevard as shown on the aforesaid Plat Four, Portamerica, thence
leaving the aforesaid Fourth line as described in the Deed recorded
in Liber 6490 at Folio 948, and running with and binding on the Common
lines between the aforesaid Outlot "G and South Portamerica Grande
Boulevard, and also running with the Common line between Outlot "F"
and the aforesaid South Portamerica Grande Boulevard of Plat Three
as shown on a Plat of Subdivision entitled "Portamerica" and recorded
among the aforesaid Land Records in Plat Book NLP 153 at Plat Number
58, and also running with and binding on the Common lines between
Outlot "E" and the aforesaid South Portamerica Grade Boulevard of
Plat One as shown on a Plat of Subdivision entitled "Portamerica"
and recorded among the aforesaid Land Records in Plat Book NLP 153
at Plat Number 56, the following two courses and distances,
(lxxxii) North 50°53'35" East, 1,447.40 feet
to a point, thence,
(lxxxiii) North 56°36'13" East, 50.25 feet
to a point on the outline of the aforesaid Plat One, Portamerica,
thence leaving the aforesaid Common line between Outlot "E" and South
Portamerica Grande Boulevard, and running reversely with and binding
on the outline of the aforesaid Plat One, Portamerica, and also continuing
with the Southerly Right-of-Way line of the aforesaid South Portamerica
Grande Boulevard, the following course and distance,
(lxxxiv) North 50°53'35" East, 222.26 feet
to a point of curvature, thence running reversely with and binding
on a part of the aforesaid Southerly Right-of-Way line of South Portamerica
Grande Boulevard, and an extension thereof, and also continuing with
the outline of the aforesaid Plat One, Portamerica the following course
and distance,
(lxxxv) 190.64 feet along the are of a tangent curve,
deflecting to the right, having a radius of 100.00 feet and a chord
bearing and distance of South 74°29'35" East, 163.05 feet
to a point of compound curvature, thence continuing with the outline
of the aforesaid Plat One, Portamerica the following course and distance,
(lxxxvi) 99.96 feet along the are of a tangent curve,
deflecting to the right, having a radius of 460.00 feet and a chord
bearing and distance of South 13°39'13" East, 99.77 feet
to a point at the Southerly end of the Westerly or North 09°06'46"
East, 94.83 feet Right-of-Way line of the aforesaid Oxon Hill Road
as shown on Prince George's County Right-of-Way Plat Number 1690,
thence leaving the outline of the aforesaid Plat One, Portamerica,
and running with and binding on the aforesaid Westerly Right-of-Way
line of Oxon Hill Road the following course and distance,
(lxxxvii) North 09°06'46" East, 99.96 feet
to a point on the Westerly or South 39°07'58" East, 70.30
feet Right-of-Way line of the aforesaid South Portamerica Grande Boulevard,
thence leaving the aforesaid Westerly Right-of-Way line of Oxon Hill
Road, and running in, through, over and across the aforesaid South
Portamerica Grande Boulevard Right-of-Way the following course and
distance,
(lxxxviii) North 08°14'05" East, 39.75 feet
to a point at the beginning of the First or North 36°12'24"
West, 39.40 feet line of Parcel 3 as shown on State Roads Commission
Plat Number 56714, said point being at the intersection of the aforesaid
Westerly Right-of-Way line of Oxon Hill Road and the Southerly Right-of-Way
line of South Road (now known as National Harbor Boulevard S.), thence
leaving the aforesaid First line of Parcel 3 as shown on State Roads
Commission Plat Number 56714, and also leaving both the aforesaid
Westerly Right-of-Way line of Oxon Hill Road and the aforesaid Southerly
Right-of-Way line of South Road, and running in, through, over and
across the aforesaid South Road Right-of-Way the following course
and distance,
(lxxxix) North 07°01'23" East, 184.54 feet
to a point at the beginning of the Ninety-Eighth or North 09°05'27"
East, 60.17 feet line of the aforesaid Parcel 3 as shown on State
Roads Commission Plat Number 56714, said point being at the intersection
of the aforesaid Westerly Right-of-Way line of Oxon Hill Road and
the Northerly Right-of-Way line of the aforesaid South Road, thence
leaving the aforesaid Northerly Right-of-Way line of South Road, and
running with and binding on the aforesaid Ninety-Eighth line and the
Ninety-Ninth line of Parcel 3 as shown on State Roads Commission Plat
Numbers 56714 & 56483, and also running with and binding on the
aforesaid Westerly Right-of-Way line of Oxon Hill Road, the following
two courses and distances,
(xc)
North 09°05'27" East, 60.17 feet to a point, thence,
(xci)
North 11°42'29" East, 385.32 feet to a point, thence
leaving the aforesaid Ninety-Ninth line of Parcel 3 as shown on State
Roads Commission Plat Number 56483, and continuing with the aforesaid
Westerly Right-of-Way line of Oxon Hill Road as shown on State Roads
Commission Plat Number 56483 the following course and distance,
(xcii)
North 08°10'58" East, 28.18 feet to a point at the
beginning of the Fifty-First or North 34°07'31" West, 52.54
feet line of the aforesaid Parcel 3 as shown on State Roads Commission
Plat Number 56483, said point being at the intersection between the
aforesaid Westerly Right-of-Way line of Oxon Hill Road and the Southerly
Right-of-Way line of North Road (now known as National Harbor Boulevard
N.) as shown on State Roads Commission Plat Number 56483, thence leaving
the aforesaid Fifty-First line of Parcel 3 as shown on State Roads
Commission Plat Number 56483, and also leaving both the aforesaid
Westerly Right-of-Way line of Oxon Hill Road and the aforesaid Southerly
Right-of-Way line of North Road, and running in, through, over and
across the aforesaid North Road Right-of-Way the following course
and distance,
(xciii) North 12°51'02" East, 203.09 feet
to a point of curvature at the beginning of the Forty-Fourth or 85.72
feet are line of the aforesaid Parcel 3 as shown on State Roads Commission
Plat Number 56483, said point also being at the intersection of the
aforesaid Westerly Right-of-Way line of Oxon Hill Road and the Northerly
Right-of-Way line of the aforesaid North Road, thence leaving the
aforesaid Northerly Right-of-Way line of North Road, and running with
and binding on the aforesaid Forty-Fourth line and the Forty-Fifth
line of the aforesaid Parcel 3 as shown on State Roads Commission
Plat Number 56483, and also running with and binding on the aforesaid
Westerly Right-of-Way line of Oxon Hill Road, the following two courses
and distances,
(xciv)
85.72 feet along the are of a non-tangent curve, deflecting
to the right, having a radius of 1,974.86 feet and a chord bearing
and distance of North 16°46'22" East, 85.71 feet to a point
of curvature, thence,
(xcv)
215.16 feet along the are of a non-tangent curve, deflecting
to the right, having a radius of 1,473.71 feet and a chord bearing
and distance of North 22°08'55" East, 214.96 feet to a point
on the Southerly or North 60°49'35" West, 152.50 feet Right-of-Way
line of the Interstate 95 Capital Beltway as shown on State Roads
Commission Plat Number 48569, said point also being on the Northerly
or South 60°49'38" East, 32.69 feet plat line of Plat Two
as shown on a Plat of Subdivision entitled "Portamerica" and recorded
among the aforesaid Land Records in Plat Book NLP 153 at Plat Number
57, thence leaving the aforesaid Southerly Right-of-Way line of the
Interstate 95 Capital Beltway as shown on State Roads Commission Plat
Number 48569, and also leaving the aforesaid Northerly plat line of
Plat Two, Portamerica, and running in, through, over and across the
aforesaid Interstate 95 Capital Beltway (also known as the aforesaid
Washington Circumferential Highway) the following course and distance,
(xcvi)
North 12°14'21" West, 859.68 feet to a point on the
Westerly or North 35°41'51" East, 1,797.73 feet Right-of-Way
line of the aforesaid Washington Circumferential Highway as shown
on State Roads Commission Plat Number 17273, said point also being
on the First or North 04°15' East, 713.00 feet line as described
in a Deed from Charles T. Butler, et at to Mary L. Butler, dated July
31, 1907 and recorded among the aforesaid Land Records in Liber 37
at Folio 360 (Parcel 37), thence leaving the aforesaid Westerly Right-of-Way
line of the Washington Circumferential Highway, and running with and
binding on the aforesaid First line as described in the Deed recorded
in Liber 37 at Folio 360 (Parcel 37), and also running with and binding
on the First or North 04°15' East, 316.00 feet line as described
in a Deed from the aforesaid Charles T. Butler, et al to Louisa C.
Butler, dated July 31, 1907 and recorded among the aforesaid Land
Records in Liber 37 at Folio 363 (Parcel 36), and further running
with and binding on the First or North 04°15' East, 204.00
feet line as described in a Deed from the aforesaid Charles T. Butler,
et al to Amelia A. Butler, dated July 31, 1907 and recorded among
the aforesaid Land Records in Liber 37 at Folio 361 (Parcel 35), and
also further running with and binding on the First or North 04°15'
East, 120.00 feet line as described in a Deed from the aforesaid Charles
T. Butler, et al to John D. Butler, dated July 31, 1907 and recorded
among the aforesaid Land Records in Liber 37 at Folio 362 (Parcel
32), and further also running with and binding on the First or North
04°15' East, 120.00 feet line of the Third Parcel as described
in the aforesaid Deed recorded in Liber 1418 at Folio 125 (Parcel
27) and also running with and binding on the aforesaid First line
of the Second Parcel as described in the aforesaid Deed recorded in
Liber 1418 at Folio 125 (Parcel 26), the following course and distance,
(xcvii) North 03°45'50" East, 1,419.20 feet
to the point of beginning, containing 270.56 acres of land.
(2) Parcel Two.
Beginning for the same at a point in the Right-of-Way of Oxon
Hill Road as shown on State Roads Commission Plat Number 44238, said
point also being at the end of the Fourth or South 72°01'50"
West, 83.39 feet line as described in a Deed from John W. Miller and
Frances L. Miller to the Forest Heights Baptist Church, Inc., a body
corporate, dated June 13, 1958 and recorded among the Land Records
of Prince George's County, Maryland in Liber 2221 at Folio 514
(Parcel 327), thence running reversely with and binding on the aforesaid
Fourth line and the Third through First lines as described in the
aforesaid Deed recorded in Liber 2221 at Folio 514, and also running
in, through, over and across the aforesaid Oxon Hill Road Right-of-Way,
which line is also the present south boundary line of Forest Heights,
the following four courses and distances:
(i) North 72°13'10" East, 83.39 feet to a point of transition
curvature, thence with a chord spiral,
(ii)
North 72°26'00" East, 151.03 feet to a point of curvature,
thence,
(iii)
217.37 feet along a tangent curve, deflecting to the right,
having a radius of 2,894.79 feet and a chord bearing and distance
of North 75°47'13" East, 217.32 feet to a point, thence,
(iv)
North 05°10'09" West, 38.02 feet to a point on the
aforesaid Northerly Right-of-Way line of Oxon Hill Road, said point
also being at the end of the Eighth or South 79°39'36" West,
10.62 feet line as described in a Confirmatory Deed by Kapirish Investments,
LLC, dated April 25, 2014 and recorded among the aforesaid Land Records
in Liber 35974 at Folio 57, thence leaving the aforesaid First line
as described in the Deed recorded in Liber 2221 at Folio 514, and
running reversely with and binding on the aforesaid Eighth line and
the Seventh line as described in the aforesaid Deed recorded in Liber
35974 at Folio 57, and also continuing with the aforesaid Northerly
Right-of-Way line of Oxon Hill Road, the following two courses and
distances,
(v) North 74°48'39" East, 10.62 feet to a point, thence,
(vi)
North 82°56'29" East, 145.92 feet to a point at the
end of the Sixth or South 83°43'25" West, 143.01 feet line
as described in a Deed from Doctors Community Healthcare Corporation,
a Delaware corporation, to Oxon Hill Medical LLC, dated May 30, 2001
and recorded among the aforesaid Land Records in Liber 14684 at Folio
74, thence leaving the aforesaid Seventh line as described in the
Deed recorded in Liber 35974 at Folio 57, and running reversely with
and binding on the aforesaid Sixth line and the Fifth line as described
in the aforesaid Deed recorded in Liber 14684 at Folio 74, and also
continuing with the Northerly Right-of-Way line of Oxon Hill Road,
the following two courses and distances,
(vii)
North 83°41'07" East, 143.01 feet to a point, thence,
(viii)
North 05°19'17" West, 3.74 feet to a point of curvature
at the Westerly end of the Southerly or 118.97 feet arc line of Parcel
D as shown on a Record Plat entitled "Carrigan's Addition to
Oxon Hill Plaza" and recorded among the aforesaid Land Records in
Plat Book WWW 72 at Plat Number 70, thence leaving the aforesaid Fifth
line as described in the aforesaid Deed recorded in Liber 14684 at
Folio 74, and running reversely with and binding on the outline of
the aforesaid Parcel D, Carrigan's Addition to Oxon Hill Plaza,
and also continuing with the aforesaid Northerly Right-of-Way line
of Oxon Hill Road, the following two courses and distances,
(ix)
118.97 feet along the arc of a non-tangent curve, deflecting
to the right, having a radius of 2,924.79 feet and a chord bearing
and distance of North 85°15'08" East, 118.96 feet to a point
of transition curvature, thence with a chord spiral,
(x) North 86°04'48" East, 41.73 feet to a point at the Westerly
end of the Southerly transitional curve line of Parcel A as shown
on a Record Plat entitled "Oxon Hill Plaza" and recorded among the
aforesaid Land Records in Plat Book WWW 57 at Plat Number 28, thence
leaving the outline of the aforesaid Parcel D, Carrigan's Addition
to Oxon Hill Plaza, and running reversely with and binding on the
outline of the aforesaid Parcel A, Oxon Hill Plaza, and also running
reversely with and binding on the Southerly or North 87°14'00"
West, 48.71 feet line of Parcel "C" as shown on a Record Plat entitled
"Oxon Hill Plaza" and recorded among the aforesaid Land Records in
Plat Book WWW 72 at Plat Number 71, and also continuing with the aforesaid
Northerly Right-of-Way line of Oxon Hill Road, the following two courses
and distances,
(xi)
North 86°52'33" East, 108.81 feet with a chord spiral
to a point, thence,
(xii)
North 87°55'03" East, 187.94 feet to a point of curvature,
thence continuing with the outline of the aforesaid Parcel "C", Oxon
Hill Plaza, and also continuing with the aforesaid Northerly Right-of-Way
line of Oxon Hill Road, the following course and distance,
(xiii)
99.70 feet along the arc of a tangent curve, deflecting to the
right, having a radius of 5,669.58 feet and a chord bearing and distance
of North 87°24'50" East, 99.70 feet to a point, thence leaving
the outline of the aforesaid Parcel "C", Oxon Hill Plaza, and continuing
with the aforesaid Northerly Right-of-Way line of Oxon Hill Road as
shown on State Roads Commission Plat Number 44239 the following course
and distance,
(xiv)
South 00°48'13" West, 20.54 feet to a point, thence
leaving the aforesaid Northerly Right-of-Way line of Oxon Hill Road,
and running in, through, over and across the aforesaid Oxon Hill Road
Right-of-Way the following course and distance,
(xv)
South 34°45'34" East, 110.00 feet to a point on the
Southerly Right-of-Way line of the aforesaid Oxon Hill Road, said
point also being at the Easterly end of the Northerly or 38.44 feet
arc line of Parcel One as shown on a Record Plat entitled "Oxon Hill
Shopping Center" and recorded among the aforesaid Land Records in
Plat Book WWW 37 at Plat Number 59, said point further being at the
Northerly end of the Westerly or North 02°50'50" West, 314.89
feet line of Parcel 8 as shown on a Record Plat entitled "Oxon Hill
Shopping Center" and recorded among the aforesaid Land Records in
Plat Book REP 204 at Plat Number 29, thence leaving the aforesaid
Westerly line of Parcel 8, Oxon Hill Shopping Center, and running
with and binding on the aforesaid Southerly Right-of-Way line of Oxon
Hill Road, and also running reversely with and binding on the outline
of the aforesaid Parcel One, Oxon Hill Shopping Center, the following
three courses and distances,
(xvi)
38.44 feet along the arc of a non-tangent curve, deflecting
to the left, having a radius of 3,028.58 feet and a chord bearing
and distance of South 86°41'37" West, 38.44 feet to a point
of tangency, thence,
(xvii)
South 87°03'26" West, 124.91 feet to a point, thence,
(xviii) South 87°22'26" West, 81.14 feet to
a point on the First or South 02°31'40" East, 166.76 feet
line as described in a Deed from Alice V. Miller, et al to the Board
of Education of Prince George's County, Maryland, dated May 18,
1955 and recorded among the aforesaid Land Records in Liber 1861 at
Folio 85 (Parcel 206), thence leaving the aforesaid Southerly Right-of-Way
line of Oxon Hill Road, and running reversely with and binding on
the outline of the aforesaid Parcel One, Oxon Hill Shopping Center,
and also running with and binding on the aforesaid First line and
the Second line as described in the aforesaid Deed recorded in Liber
1861 at Folio 85 (Parcel 206), the following two courses and distances,
(xix)
South 02°27'44" East, 142.01 feet to a point, thence,
(xx)
North 85°11'36" East, 100.25 feet to a point, thence
leaving the aforesaid Second line as described in the Deed recorded
in Liber 1861 at Folio 85, and continuing with the outline of the
aforesaid Parcel One, Oxon Hill Shopping Center the following course
and distance,
(xxi)
North 85°03'16" East, 145.72 feet to a point on the
aforesaid Westerly line of Parcel 8, Oxon Hill Shopping Center, thence
leaving the outline of the aforesaid Parcel One, Oxon Hill Shopping
Center, and running reversely with and binding on the aforesaid Westerly
line of Parcel 8, Oxon Hill Shopping Center the following course and
distance,
(xxii)
South 03°04'28" East, 181.48 feet to a point at the
Easterly end of the Northerly or North 80°35'00" East, 24.53
feet line of Parcel 6 as shown on a Plat of Resubdivision entitled
"Oxon Hill Shopping Center" and recorded among the aforesaid Land
Records in Plat Book NLP 95 at Plat Number 93, thence leaving the
aforesaid Westerly line of Parcel 8, Oxon Hill Shopping Center, and
running reversely with and binding on the outline of the aforesaid
Parcel 6, Oxon Hill Shopping Center the following three courses and
distances,
(xxiii) South 80°38'56" West, 24.53 feet to
a point, thence,
(xxiv)
South 08°20'01" East, 312.83 feet to a point, thence,
(xxv)
South 11°57'39" East, 137.31 feet to a point at the
Northerly end of the Westerly or North 11°35'26" West, 95.71
feet line of Parcel "A" as shown on a Record Plat entitled "Oxon Hill
Professional Center" and recorded among the aforesaid Land Records
in Plat Book NLP 109 at Plat Number 1, thence leaving the aforesaid
outline of Parcel 6, Oxon Hill Shopping Center, and running reversely
with and binding on the aforesaid Westerly line of Parcel "A", Oxon
Hill Professional Center the following course and distance,
(xxvi)
South 11°56'20" East, 92.53 feet to a point at the
Easterly end of the Northerly or North 82°53'40" East, 420.15
feet line of Parcel A as shown on a Record Plat entitled "Portabello
Property" and recorded among the aforesaid Land Records in Plat Book
WWW 55 at Plat Number 1, said point also being at the beginning of
the Second or South 82°53'40" West, 420.15 feet line of Parcel
2 as described in the aforesaid Deed recorded in Liber 1934 at Folio
526 (Parcel 207), thence leaving the aforesaid Westerly line of Parcel
"A", Oxon Hill Professional Center, and running reversely with and
binding on the aforesaid Northerly line of Parcel A, Portabello Property,
and also running with the aforesaid Second line of Parcel 2 as described
in the aforesaid Deed recorded in Liber 1934 at Folio 526 (Parcel
207), the following course and distance,
(xxvii) South 82°57'36" West, 420.15 feet
to a point at the end of the Fifth or South 08°53' East,
108.72 feet line of Parcel 1 as described in the aforesaid Deed recorded
in Liber 1934 at Folio 526, thence leaving the aforesaid Northerly
line of Parcel A, Portabello Property, and running reversely with
and binding on the aforesaid Fifth line of Parcel 1 as described in
the Deed recorded in Liber 1934 at Folio 526, and also running with
and binding on the Third line of Parcel 2 as described in the aforesaid
Deed recorded in Liber 1934 at Folio 526, the following course and
distance,
(xxviii) North 08°49'04" West, 108.72 feet
to a point on the Eighth or South 87°00'00" West, 899.44
feet line as described in the aforesaid Deed recorded in Liber 1861
at Folio 85 (Parcel 206), thence leaving the aforesaid Third line
of Parcel 2 as described in the Deed recorded in Liber 1934 at Folio
526, and running with and binding on the aforesaid Eighth line as
described in the Deed recorded in Liber 1861 at Folio 85 (Parcel 206),
and also running reversely with and binding on the Fourth line of
Parcel 1 as described in the aforesaid Deed record in Liber 1934 at
Folio 526, and further running reversely with and binding on the Northerly
or North 86°59'58" East, 462.57 feet line of Lot 9 as shown
on a Plat of Resubdivision entitled "Potomac Business Park" and recorded
among the aforesaid Land Records in Plat Book MMB 234 at Plat Number
21, the following course and distance,
(xxix)
South 87°01'26" West, 482.36 feet to a point on the
Easterly or South 07°52'57" East, 811.43 feet line of Lot
6 as shown on the aforesaid Plat of Resubdivision recorded in Plat
Book MMB 233 at Plat Number 87, thence leaving the outline of the
aforesaid Plat of Resubdivision recorded in Plat Book MMB 234 at Plat
Number 21, and running reversely with and binding on the aforesaid
Easterly line of Lot 6, Potomac Business Park, and also running with
and binding on the Ninth line as described in the aforesaid Deed recorded
in Liber 1861 at Folio 85 (Parcel 206), the following course and distance,
(xxx)
North 07°49'00" West, 740.55 feet to a point of curvature
at the Southerly Right-of-Way line of the aforesaid Oxon Hill Road,
thence leaving the aforesaid Ninth line as described in the Deed recorded
in Liber 1861 at Folio 85, and running reversely with and binding
on the aforesaid Southerly Right-of-Way line of Oxon Hill Road, and
also running reversely with and binding on the outline of the aforesaid
Lot 6, Potomac Business Park, the following eight courses and distances,
(xxxi)
53.59 feet along the arc of a non-tangent curve, deflecting
to the left, having a radius of 2,231.83 feet and a chord bearing
and distance of South 75°17'44" West, 53.59 to a non-tangent
point, thence,
(xxxii) South 67°34'29" West, 60.66 feet to
a point of curvature, thence,
(xxxiii) 59.12 feet along a non-tangent curve, deflecting
to the right, having a radius of South 72°50'20" West, 59.12
feet to a non-tangent point, thence,
(xxxiv) South 72°04'38" West, 24.27 feet to
a point, thence,
(xxxv)
South 72°57'09" West, 131.12 feet to a point, thence,
(xxxvi) South 72°04'39" West, 12.00 feet to
a point, thence,
(xxxvii) North 17°55'22" West, 5.09 feet to
a point, thence,
(xxxviii) South 72°21'11" West, 69.96 feet
to a point, thence leaving the aforesaid Southerly Right-of-Way line
of Oxon Hill Road, and also leaving the outline of the aforesaid Lot
6, Potomac Business Park, and running in, through, over and across
the aforesaid Oxon Hill Road Right-of-Way the following course and
distance,
(xxxix) North 14°51'20" West, 89.97 feet to
the point of beginning, containing 19.41 acres of land.
[Ch. Res. No. 1, 8-21-1963, sec. 3; Ch. Res. No. 25, 3-9-2007; amended 1-22-2011 by Ch. Res. No. 01-11; 9-12-2012 by Ch. Res.
No. 03-12; 3-4-2013 by Ch. Res. No. 01-13]
All legislative powers of the Town shall be vested in a Council
consisting of the Mayor and six Councilmen who shall be elected as
hereinafter provided and who, unless otherwise stated herein, shall
hold office for a term of two years or until the succeeding Council
takes office, but in no case shall a person elected to Council or
any other elective office under this Charter serve more than twelve
(12) consecutive years in elective office. The regular term of Councilmen
shall expire on the first Wednesday following the election and qualification
and installation of their successors. Except as otherwise stated herein,
Councilmen holding office on March 22, 2012, shall continue to hold
office for the term for which they were elected and until the succeeding
Council takes office under the provisions of this Charter. Any Councilman
serving a term of office that expires pursuant to this Charter nonconcurrently
with the Mayor's term of office and who files a certificate of nomination
with the Town Clerk pursuant to Section 33-31 of this Charter wishing
to be elected to serve as Mayor after the next election, whether he
be found qualified for said office or not, or otherwise is elected
thereto, shall on the tenth (10) day after said filing, unless said
certificate of nomination is otherwise expressly withdrawn in writing
by said candidate delivered to the Town Clerk, by operation of law,
irrevocably forfeit his remaining term of office as Councilman or
otherwise shorten the term of his office to one (1) year to become
effective immediately following the forthcoming election, and qualification
and installation of his successor pursuant to this Charter. In such
cases whereby two (2) Council seats in a given ward become open for
election pursuant to this section the person with the most votes will
take the 2-year seat and the runner-up will fill the vacancy with
the 1 year remaining.
[Ch. Res. No. 1, 8-21-1963, sec. 4; amended 1-22-2011 by Ch. Res.
No. 01-11]
Councilmen shall fulfill the following qualifications for office:
(1) They shall
have resided in the Wards of the Town they represent for at least
one year immediately preceding their election,
(2) They shall
be qualified voters of the Town,
(3) They shall
not have been convicted of a felony, or entered a plea of nolo contendere
to any crime which is a felony; or, sentenced to probation before
judgement arising from charges for the felonies of theft, embezzlement,
forgery, fraud or misconduct in office or have been convicted of,
or entered a plea leading to a conviction for a misdemeanor involving
misconduct in office or a crime of moral turpitude involving the duties
of any public office or employment,
(4) They shall
not have been removed from office within the previous twelve years
by an act of the legislative body having been adjudged to be guilty
of inefficiency, malfeasance, misfeasance, nonfeasance, misconduct
in office, or insubordination as authorized by this Charter after
due notice and a hearing pursuant to Article 23A, Section 2(b)(25)
of the Annotated Code of Maryland, or the Charter, and
(5) They shall
maintain a permanent residence in the Town and the Ward they were
elected to represent during their term of office.
[Ch. Res. No. 1, 8-21-1963, sec. 5]
Each Councilman shall receive an annual salary as specified
from time to time by an ordinance passed by the Council in the regular
course of its business. Provided, however, that the salary specified
at the time any Councilman takes office shall not be changed during
the term for which that Councilman was elected. The ordinance making
any change in the salary paid to the several Councilmen, either by
way of increase or decrease, shall take effect only as the terms of
the members of the Council which enacted it expire.
[Ch. Res. No. 1, 8-21-1963, sec. 6; Ch. Res. No. 19, 3-6-2006; Ch. Amend Res. No. FH001-07, 9-4-2007]
The Council shall meet at 8:00 P.M. on the third Wednesday in
March of each year for the purpose of organization, after which the
Council shall meet the third Wednesday of each month.
Special meetings shall be called by the Town Clerk upon the
request of the Mayor or at least three of the members of the Council.
The rules of the Council shall provide that residents of the Town
shall have a reasonable opportunity to be heard at any meeting in
regard to any municipal question. All meetings of the Council shall
be open to the public, except that the Council may go into an executive
session subject to the requirements of the Annotated Code of Maryland,
Subtitle 5, "the Open Meetings Act" under the following conditions:
(a) Procedure for Closing a Meeting. Before the Town Council meets in
closed session, at least four members of the Council must vote in
favor of closing the meeting. The vote must be conducted and recorded
in accordance with the State Open Meeting Act Laws, and a written
statement of the reason for closing the meeting must be made in accordance
with the State law. The Council shall limit discussion in closed session
to the topic stated as the reason for closing the meeting.
(1) discuss:
(i) the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of appointees,
employees, or officials over whom it has jurisdiction; or
(ii)
any other personnel matter that affects 1 or more specific individuals;
(2) protect the privacy or reputation of individuals with respect to
a matter that is not related to public business;
(3) consider the acquisition of real property for a public purpose and
matters directly related thereto;
(4) consider the investment of public funds;
(5) consider the marketing of public securities;
(6) consult with counsel to obtain legal advice;
(7) consult with staff, consultants, or other individuals about pending
or potential litigation;
(8) conduct collective bargaining negotiations or consider matters that
relate to the negotiations;
(9) discuss public security, if the public body determines that public
discussion would constitute a risk to the public or to public security,
including:
(i) the deployment of fire and police services and staff; and
(ii)
the development and implementation of emergency plans;
(10) prepare, administer, or grade a scholastic, licensing, or qualifying
examination;
(12) conduct or discuss an investigative proceeding on actual or possible
criminal conduct;
(13) comply with a specific constitutional, statutory, or judicially imposed
requirement that prevents public disclosures about a particular proceeding
or matter; or
(14) before a contract is awarded or bids are opened, discuss a matter
directly related to a negotiating strategy or the contents of a bid
or proposal, if public discussion or disclosure would adversely impact
the ability of the public body to participate in the competitive bidding
or proposal process.
[Ch. Res. No. 1, 8-21-1963, sec. 7]
The Council shall be the judge of the qualifications, as contained
in Sections 33-4 and 33-16, of its members.
[Ch. Res. No. 1, 8-21-1963, sec. 8]
The Mayor shall serve as Chairman of the Council. The Mayor
may take part in all discussions, and shall have a vote on any question
before the Council. The Council shall elect a President of the Council
from among its members who shall act as Chairman of the Council in
the absence of the Mayor.
[Ch. Res. No. 1, 8-21-1963, sec. 9; amended 4-17-2013 by Res. No.
03-13]
A majority of the members of the Council shall constitute a
quorum for the transaction of business, but no ordinance or resolution,
except procedural motions, shall be approved without the favorable
votes of four members of the Council.
[Ch. Res. No. 1, 8-21-1963, sec. 10]
The Council shall determine its own rules and order of business.
It shall keep a journal of its proceedings and enter therein the yeas,
nays, and abstentions upon final action on any question, resolution,
or ordinance, or at any other time if required by any one member.
The journal shall be open to public inspection.
[Ch. Res. No. 1, 8-21-1963, sec. 11; Ch. Amend. Res. No. FH002-07, 9-4-2007]
If a vacancy on the Council occurs less than fifteen (15) months
prior to the next election, the council shall appoint a person qualified
in accordance with Section 33-4 to fill such vacancy until the next
regular election. Provided, that the person appointed shall reside
in the same ward as his predecessor. The appointment shall require
the favorable votes of a majority of the remaining Council members.
If the vacancy occurs fifteen (15) months or more prior to the next
regular election, the Council shall call a special election to be
held not less than forty-five (45) days nor more than sixty (60) days
following the occurrence of the vacancy. The person elected at the
special election shall serve until the next Regular Election.
[Ch. Res. No. 1, 8-21-1963, sec. 12]
No ordinance shall be passed at the meeting at which it is introduced.
At any regular or special meeting of the Council held not less than
six nor more than sixty days after the meeting at which an ordinance
was introduced, it shall be passed, or passed as amended, or rejected,
or its consideration deferred to some specified future date. In cases
of emergency the above requirement may be suspended by the affirmative
votes of five members of the Council. Every ordinance, unless it be
passed as an emergency ordinance, shall become effective at the expiration
of thirty calendar days. An emergency ordinance shall become effective
on the date specified in the ordinance. A summary of each ordinance
shall be published at least twice in the "Forest Heights News," the
town newsletter or in a newspaper or newspapers having general circulation
in the municipality.
[Ch. Res. No. 1, 8-21-1963, sec. 13; amended 10-21-2015 by Ch. Res. No. 01-2015]
Any budget ordinance or ordinance amending the budget shall
not be subject to referendum pursuant to this section. If, before
the expiration of thirty calendar days following passage of any ordinance,
except as stated herein, a petition is filed with the Town Clerk containing
the signatures of not less than twenty per centum (20%) of the qualified
voters of the Town and requesting that the ordinance, or any part
thereof, be submitted to a vote of the qualified voters of the Town
for their approval or disapproval, the Council shall have the ordinance,
or the part thereof requested for referendum, submitted to a vote
of the qualified voters of the Town at the next regular Town election
or, in the Council's discretion, at a special election occurring before
the next regular election. No ordinance, or the part thereof requested
for referendum, shall become effective following the receipt of such
petition until and unless approved at the election by a majority of
the qualified voters voting on the question. An emergency ordinance,
or the part thereof requested for referendum, shall continue in effect
for sixty days following receipt of such petition. If the question
of approval or disapproval of any emergency ordinance, or any part
thereof, has not been submitted to the qualified voters within sixty
days following receipt of the petition, then the operation of the
ordinance, or the part thereof requested for referendum shall be suspended
until approved by a majority of the qualified voters voting on the
question at any election. Any ordinance, or part thereof, disapproved
by the voters, shall stand repealed.
The provisions of this section shall be self-executing, but
the Council may adopt ordinances in furtherance of these provisions
and not in conflict with them. The Council may, at its discretion,
require a referendum on an ordinance, without a petition being presented.
[Ch. Res. No. 1, 8-21-1963, sec. 14]
Ordinances shall be permanently filed by the Town Clerk and
shall be kept available for public inspection.
[Ch. Res. No. 3, 11-16-2005; Ch. Res. No. 21, 3-9-2007; amended 1-22-2011 by
Ch. Res. No. 01-11]
The Mayor shall be elected as hereinafter provided and shall
hold office for a term of two years or until his successor is elected
and qualified, but in no case shall a person elected to the office
of Mayor or any other elective office under this Charter serve more
than twelve (12) consecutive years in elective office. The newly elected
Mayor shall take office on the first Wednesday following his election.
[Ch. Res. No. 1, 8-21-1963, sec. 16; amended 1-22-2011 by Ch. Res.
No. 01-11]
The Mayor shall fulfill the following qualifications for office:
(1) He or she
shall have resided in the Town for at least one year immediately preceding
his election,
(2) He or she
shall be a qualified voter of the Town,
(3) He or she
shall not have been convicted of a felony, or entered a plea of nolo
contendere to any crime which is a felony; or, sentenced to probation
before judgement arising from charges for the felonies of theft, embezzlement,
forgery, fraud or misconduct in office or have been convicted of,
or entered a plea leading to a conviction for a misdemeanor involving
misconduct in office or a crime of moral turpitude involving the duties
of any public office or employment,
(4) He or she
shall not have been removed from office within the previous twelve
years by an act of the legislative body having been adjudged to be
guilty of inefficiency, malfeasance, misfeasance, nonfeasance, misconduct
in office, or insubordination as authorized by this Charter after
due notice and a hearing pursuant to Article 23A, Section 2(b)(25)
of the Annotated Code of Maryland or the Charter, and
(5) He or she
shall maintain a permanent residence in the Town during his or her
term of office.
[Ch. Res. No. 1, 8-21-1963, sec. 17]
The Mayor shall receive an annual salary as set from time to
time by an ordinance passed by the Council in the regular course of
business. Provided, however, that no change shall be made in the salary
for any Mayor during the term for which he was elected. The ordinance
making any change in the salary paid to the Mayor, either by way of
increase or decrease, shall be finally ordained prior to the municipal
election to elect the next succeeding Mayor, and shall take effect
only as to the next succeeding Mayor.
[Ch. Res. No. 1, 8-21-1963, sec. 18]
(a) Chief Executive. The Mayor shall see that the ordinances of the Town
are faithfully executed and shall be the Chief Executive Officer,
and the head of the administrative branch of the Town government.
(b) Appointments. The Mayor, with the approval of the Council, shall
appoint the heads of all offices, departments, and agencies of the
Town government as established by this Charter or by ordinance. All
office, department, and agency heads shall serve at the pleasure of
the Mayor and Council. Temporary, seasonal and part-time subordinate
officers and employees may be hired by the Mayor on an as-needed basis
without Council consent, except that notice of said employment shall
be provided to Council. All full-time subordinate officers and employees
of the offices, departments, and agencies of the Town government shall
be appointed and removed by the Mayor with the consent of the Council,
in accordance with rules and regulations of any merit system which
may be adopted by the Council. For the purposes of this subsection,
a temporary or seasonal subordinate officer or employee is one whose
employment is for a specific period of six months or less during any
given fiscal year; and, a part-time subordinate officer or employee
is one whose employment is for a term longer than six months, and
is scheduled for less than 30 hours per week, provided that any part-time
subordinate officer’s or employee’s total compensable
hours shall not exceed 1,500 in any given fiscal year unless approved
by Council. Full-time employment shall be defined by ordinance. Notwithstanding
anything in this subsection to the contrary, the Council reserves
the right to limit or eliminate any temporary, seasonal or part-time
position or employment for budgetary reasons.
[Ch. Res. No. 4, 11-16-2005; Ch. Res. No. 21, 3-9-2007; amended 11-1-2010 by
Ch. Res. No. 04-10; 12-3-2012 by Ch. Res. No. 04-12]
(c) Reports. The Mayor each year shall report to the Council the condition
of municipal affairs and make such recommendations as he deems proper
for the public good and the welfare of the Town.
(d) Finances; budget. The Mayor shall have complete supervision over
the financial administration of the Town government. He shall prepare
or have prepared annually a budget and submit it to the Council. He
shall supervise the disbursement of all monies and have control over
all expenditures to assure that budget appropriations are not exceeded.
[Ch. Res. No. 5, 11-16-2005]
(e) Other. The Mayor shall have such other powers and perform such other
duties as may be prescribed by this Charter or as may be required
of him by the Council, not inconsistent with this Charter.
[Ch. Res. No. 1, 8-21-1963, sec. 19; Res. No. 6, 10-7-1982; Ch. Res. No. 28, 3-9-2007; Ch. Amend Res. FH005-07, 9-4-2007]
If a vacancy in the office of Mayor occurs less than fifteen
(15) months prior to the next election, the President of the Council
shall become Mayor until the next regular election, and the Council
vacancy thus created shall be filled as provided in this Charter.
If the Mayoral vacancy occurs fifteen (15) months or more prior to
the next regular election, the Council shall call a special election
to be held not less than forty-five (45) days nor more than sixty
(60) days following the occurrence of the vacancy. The President of
the Council shall act as Mayor until the special election. The person
elected at the special election shall serve until the next Regular
Election.
[Ch. Res. No. 1, 8-21-1963, sec. 20; Res. No. 6, 9-15-1982]
(a) General. The Council shall have the power to pass all such ordinances
not contrary to the Constitution and laws of the State of Maryland
or this Charter as it may deem necessary for the good government of
the Town; for the protection and preservation of the Town's property,
rights, and privileges; for the preservation of peace and good order;
for securing persons and property from violence, danger, or destruction;
and for the protection and promotion of the health, safety, comfort,
convenience, welfare, and happiness of the residents of the Town and
visitors thereto and sojourners therein.
(b) Specific. The Council shall have, in addition, the power to pass
ordinances not contrary to the laws and Constitution of this State,
for the following specific purposes:
(1) Advertising. To provide for advertising for the purposes of the Town,
for printing and publishing statements as to the business of the Town.
(2) Aisles. To regulate and prevent the obstruction of aisles in public
halls, churches and places of amusement, and to regulate the construction
and operation of the doors and means of egress therefrom.
(3) Amusements. To provide in the interest of the public welfare for
licensing, regulating, or restraining theatrical or other public amusements.
(4) Appropriations. To appropriate municipal monies for any purpose within
the powers of the Council.
(5) Auctioneers. To regulate the sale of all kinds of property at auction
within the Town and to license auctioneers.
(6) Billboards. To license and regulate, restrain or prohibit the erection
or maintenance of billboards within the Town, the placing of signs,
bills and posters of every kind and description on any building, fence,
post, billboard, pole, or other place within the Town.
(7) Bridges. To erect and maintain bridges.
(8) Buildings. To make reasonable regulations in regard to buildings
and signs to be erected, constructed, or reconstructed in the Town,
and to grant building permits for the same; to formulate a building
code and a plumbing code and to appoint a building inspector and a
plumbing inspector, and to require reasonable charges for permits
and inspections; to authorize and require the inspection of all buildings
and structures and to authorize the condemnation thereof in whole
or in part when dangerous or insecure, and to require that such buildings
and structures be made safe or be taken down.
(9) Codification. To provide for the codification of all ordinances which
have been or may hereafter be passed.
(10) Community Services. To provide, maintain, and operate community and
social services for the preservation and promotion of the health,
recreation, welfare, and enlightenment, of the inhabitants of the
Town.
(11) Cooperative activities. To make agreements with other municipalities,
counties, districts, bureaus, commissions, and governmental authorities
for the joint performance of or for cooperation in the performance
of any governmental functions.
(12) Curfew. To prohibit the youth of the Town from being in the streets,
lanes, alleys, or public places at unreasonable hours of the night.
(13) Dangerous conditions. To compel persons about to undertake dangerous
improvements to execute bonds with sufficient sureties conditioned
that the owner or contractor will pay all damages resulting from such
work which may be sustained by any persons or property.
(14) Departments. To create, change, and abolish offices, departments,
or agencies, other than the offices, departments and agencies established
by this Charter; to assign additional functions or duties to offices,
departments, or agencies established by this charter, but not including
the power to discontinue or assign to any other office, department
or agency any function or duty assigned by this Charter to a particular
office department, or agency.
(15) Disorderly houses. To suppress bawdy houses, disorderly houses and
houses of ill fame.
(16) Dogs. To regulate the keeping of dogs in the Town.
(17) Explosives. To regulate or prevent the storage of gunpowder, oil,
or any other explosive or combustible matter; to regulate or prevent
the use of firearms, fireworks, bonfires, explosives, or any other
similar things which may endanger persons or property.
(18) Filth. To compel the occupant of any premises, building or outhouse
situated in the Town, when the same has become filthy or unwholesome,
to abate or cleanse the condition; and after reasonable notice to
the owners or occupants to authorize such work to be done by the proper
officers and to assess the expense thereof against such property,
making it collectible by taxes or against the occupant or occupants.
(19) Finances. To levy, assess, and collect ad valorem property taxes;
to expend municipal funds for any public purpose; to have general
management and control of the finances of the Town.
(20) Fire. To suppress fires and prevent the dangers thereof and to establish
and maintain a fire department; to contribute funds to volunteer fire
companies serving the Town; to inspect buildings for the purpose of
reducing fire hazards, to issue regulations concerning fire hazards,
and to forbid and prohibit the use of fire-hazardous buildings and
structures permanently or until the conditions of Town fire-hazard
regulations are met; to install and maintain fire plugs where and
as necessary, and to regulate their use; and to take all other measures
to control and prevent fires in the Town.
(21) Food. To inspect and to require the condemnation of, if unwholesome,
and to regulate the sale of, any food products.
(22) Franchises. To grant and regulate franchises to electric light companies,
gas companies, telegraph and telephone companies, transit companies,
taxicab companies, and any others which may be deemed advantageous
and beneficial to the Town, subject, however, to the limitations and
provisions of Article 23A of the Annotated Code of Maryland. No franchise
shall be granted for a longer period than fifty years.
(23) Gambling. To restrain and prohibit gambling.
(24) Garbage. To prevent the deposit of any unwholesome substance either
on private or public property, and to compel its removal to designated
points; to require slops, garbage, ashes and other waste or other
unwholesome materials to be removed to designated points, or to require
the occupants of the premises to place them conveniently for removal.
(25) Grants-in-Aid. To accept gifts and grants of Federal or of State
funds from the Federal or State governments or any agency thereof,
and to expend the same for any lawful public purpose, agreeably to
the conditions under which the gifts or grants were made.
(26) Hawkers. To license, regulate, suppress and prohibit hawkers and
itinerant dealers, peddlers, pawnbrokers and all other persons selling
any articles on the streets of the Town, and to revoke such licenses
for cause.
(27) Health. To protect and preserve the health of the Town and its inhabitants;
to appoint a public health officer, and to define and regulate his
powers and duties; to prevent the introduction of contagious diseases
into the Town; to establish quarantine regulations and to authorize
the removal and confinement of persons having contagious or infectious
diseases; to prevent and remove all nuisances; to inspect, regulate,
and abate any buildings, structures, or places which cause or may
cause unsanitary conditions or conditions detrimental to health; provided,
that nothing herein shall be construed to affect in any manner any
of the powers and duties of the State Board of Health, the County
Board of Health, or any public general or local law relating to the
subject of health.
(28) Jail. To establish and regulate a station house or lock-up for temporary
confinement of violators of the laws and ordinances of the Town or
to use the County Jail for such purpose.
(29) Licenses. Subject to any restriction imposed by the public general
laws of the State, to license and regulate all persons beginning or
conducting transient or permanent business in the Town for the sale
of any goods, wares, merchandise, or services, to license and regulate
any business, occupation, trade, calling, or place of amusement or
business; to establish and collect fees and charges for all licenses
and permits issued under the authority of this Charter.
(30) Liens. To provide that any valid charges, taxes or assessments made
against any real property within the Town shall be liens upon such
property, to be collected as municipal taxes are collected.
(31) Lights. To provide for the lighting of the Town.
(32) Livestock. To regulate and prohibit the running at large of cattle,
horses, swine, fowl, sheep, goats, dogs or other animals; to authorize
the impounding, keeping, sale and redemption of such animals when
found in violation of the ordinance in such cases provided.
(33) Minor privileges. To regulate or prevent the use of public ways,
sidewalks, and public places for signs, awnings, posts, steps, railings,
entrances, racks, posting handbills and advertisements, and display
of goods, wares and merchandise.
(34) Noise. To regulate or prohibit unreasonable ringing of bells, crying
of goods or sounding of whistles and horns.
(35) Nuisances. To prevent or abate by appropriate ordinance all nuisances
in the Town which are so defined at common law, by this Charter, or
by the laws of the State of Maryland, whether the same be herein specifically
named or not; to regulate, to prohibit, to control the location of,
or to require the removal from the Town of all trading in, handling
of, or manufacture of any commodity which is or may become offensive,
obnoxious, or injurious to the public comfort or health. In this connection
the Town may regulate, prohibit, control the location of, or require
the removal from the Town of such things as stockyards, slaughterhouses,
cattle or hog pens, tanneries, and renderies. This listing is by way
of enumeration, not limitations.
(36) Obstructions. To remove all nuisances and obstructions from the streets,
lanes and alleys and from any lots adjoining thereto, or any other
places within the limits of the Town.
(37) Parking facilities. To license and regulate and to establish, obtain
by purchase, by lease or by rent, own, construct, operate, and maintain
parking lots and other facilities for off street parking.
(38) Parks and recreation. To establish and maintain public parks, gardens,
playgrounds, and other recreational facilities and programs to promote
the health, welfare, and enjoyment of the inhabitants of the Town.
(39) Police force. To establish, operate, and maintain a police force.
All Town policemen shall, within the municipality, have the powers
and authority of constables in this State.
(40)
Police powers.
(a)
To prohibit, suppress, and punish within the Town all vice,
gambling, and games of chance; prostitution and solicitation therefore
and the keeping of bawdy houses and houses of ill fame; all tramps
and vagrants; all disorder, disturbances, annoyances, disorderly conduct,
obscenity, public profanity, and drunkenness.
(b)
To enforce all ordinances relating to disorderly conduct and
the suppression of nuisances equally within the limits of the Town
and beyond those limits for one half mile, or for so much of this
distance as does not conflict with the powers if [of] another municipal
corporation or the District of Columbia.
(41) Property. To acquire by conveyance, purchase, or gift, real or leasable
property for any public purposes; to erect buildings and structures
thereon for the benefit of the Town and its inhabitants; and to convey
any real or lease hold property when no longer needed for the public
use, after having given at least twenty days' public notice of the
proposed conveyance; to control, protect and maintain public buildings,
grounds and property of the Town.
(42) Quarantine. To establish quarantine regulations in the interests
of the public health.
(43) Regulations. To adopt by ordinance and enforce within the corporate
limits police, health, sanitary, fire, building, plumbing, traffic,
speed, parking, and other similar regulations not in conflict with
the laws of the State of Maryland or with this Charter.
(44) Sidewalks. To regulate the use of sidewalks and all structures in,
under or above the same; to require the owner or occupant of premises
to keep the sidewalks in front thereof free from snow or other obstructions;
to prescribe hours for cleaning sidewalks.
(45) Sweepings. To regulate or prevent the throwing or depositing of sweepings,
dust, ashes, offal, garbage, paper, handbills, dirty liquids, or other
unwholesome materials into any public way or onto any public or private
property in the Town.
(46) Taxicabs. To license, tax, and regulate public hackmen, taxicab men,
draymen, drivers, cabmen, porters and expressmen, and all other persons
pursuing like occupations.
(47) Vehicles. To regulate and license wagons and other vehicles not subject
to the licensing powers of the State of Maryland.
(48) Voting machines. To purchase, lease, borrow, install, and maintain
voting machines for use in Town elections.
(49) Weed control. To protect the public health and safety by ordering
the elimination of the accumulation of refuse, the growth of weeds,
the presence of stagnant water or of combustible material from any
unimproved lot or vacant premises within the Town. If after written
notice, the owner or person in charge of any unimproved lot or vacant
premises, fails to comply with such notice, the Town through its officers
and agents shall have the power to enter upon the premises and cause
such menace to public health and safety to be abated. Notice of the
reasonable costs incurred by the Town shall be delivered or mailed
to the person in charge of the property and to the person in whose
name the property is assessed for taxation. If the costs shall not
be paid within sixty days from the giving of such notice the Town
of Forest Heights may recover the costs by civil action, or may fix
a date from a hearing to determine whether the costs should be assessed
against the property as a special tax. Notice of such hearing shall
be posted on the property and sent by registered mail to the last
known address of the person in whose name the property is assessed
for taxation. If the name of the owner of the property be unknown,
or the owner be a non-resident of Prince George's County, notice of
the proposed assessment and of the date and place of the hearing shall
be published once a week for three consecutive weeks in some newspaper
having General circulation in the County. At the hearing, unless good
cause to the contrary be shown, the Mayor and Council shall have authority
to levy the reasonable costs incurred by the Town, together with the
expense of advertising, as a special tax against the property. The
assessment shall be certified by the Town Clerk to the treasurer,
to be added to the annual tax bill against the property to be collected
in the same manner as ordinary taxes are collected and subject to
the same interest and penalty for non-payment as provided by law for
the non-payment of town taxes. Such special tax shall constitute a
lien against the property from the date of the assessment until paid.
(50) Saving clause. The enumeration of powers in this section is not to
be construed as limiting the powers of the Town to the several subjects
mentioned.
[Ch. Res. No. 1, 8-21-1963, sec. 21]
For the purpose of carrying out the powers granted in this subtitle
or elsewhere in this Charter, the Council may pass all necessary ordinances.
All the powers of the Town shall be exercised in the manner prescribed
by this Charter, or, if the manner be not prescribed, then in such
manner as may be prescribed by ordinance.
[Ch. Res. No. 1, 8-21-1963, sec. 22; Res. No. 6, 10-7-1982]
(a) To ensure the observance of the ordinances of the Town, the Council
shall have the power to provide that violation thereof shall be a
misdemeanor and shall have the power to affix thereto penalties of
a fine not exceeding one thousand dollars ($1,000.00) or imprisonment
for not exceeding 6 months, or both such fine and imprisonment.
[Res. No. 20, 3-6-2006]
(b) To further ensure the observance of the ordinances of the Town, the
Council shall have the power to provide that violation thereof be
a municipal infraction enforceable as provided under the general laws
of the State and shall have the power to affix thereto a penalty of
a fine not exceeding one thousand dollars ($1,000.00) for each municipal
infraction.
[Amended 3-16-2010 by Ch. Res. No. 01-10]
REGISTRATION, NOMINATIONS, AND ELECTIONS
|
[Ch. Res. No. 1, 8-21-1963, sec. 23; Res. No. 4, 4-8-1982; Res. No.
1, 5-19-1989; amended 1-22-2011 by Ch. Res.
No. 01-11]
Every person who at the time of a Town election resides for
thirty (30) days preceding said election within the corporate limits
of the Town, is qualified to vote in Prince George's County, Maryland,
and is registered to vote with the Board of Election Supervisors for
Prince George's County, Maryland, (hereinafter the County Board of
Elections or County Board) shall be deemed registered and qualified
to vote in that Town election.
[Res. No. 1, 4-8-1982; amended 4-2-2012 by Ch. Res.
No. 02-12]
A. Any
qualified voter registered to vote in the elections of the Town of
Forest Heights is entitled to vote in the municipal election by absentee
ballot. The following persons may vote as an absentee voter under
this Section:
(1) Any
qualified voter registered to vote who may be absent from the Town
of Forest Heights on any election day.
(2) Any
qualified voter registered to vote, whose physical disability or confinement
in or restriction to an institution prevents or will prevent him from
being present and personally voting at the polls on any election day.
(3) Absentee
ballots must be received no later than the close of the polls on election
day.
B. A
qualified voter desiring to vote in any election by absentee ballot
shall make an application in writing to the Board for an absentee
ballot. The application must be received no later than seven (7) days
before the election. The application shall set forth the information
required under this Section, to be supplied by the applicant under
penalty of perjury. The application shall contain the following information:
(1) The
voter's name and residence address;
(2) That
the person is a qualified voter at the residence given;
(3) If the
person voted at the preceding election, the residence address from
which he voted; and
(4) That
the voter expects in good faith to be unable to vote in person for
the reasons set forth above in A(1) or A(2).
[Ch. Res. No. 1, 8-21-1963, sec. 24; Res. No. 7, 1982; Res. No. 1, 5-19-1989; amended 4-2-2012 by Ch. Res. No. 02-12]
There shall be a Board of Elections (hereinafter, the Town Board
of Elections, Town Board, or Board where appropriate), consisting
of three members and one (1) substitute member who shall act as a
member of such Board in the absence of any one of the regular members
and while so acting shall exercise the same authority and fulfill
the same duties as a regular member. Said members shall be appointed
by the Mayor with the approval of the Council on or before the first
Monday in March in every odd-numbered year. The terms of members of
the Town Board of Elections shall begin on the first Monday in March
in the year in which they are appointed and shall run for two years.
Members of the Town Board of Elections shall be qualified voters of
the Town. A person is eligible to serve as a member of the Board if
the person:
a. Is
a qualified voter of the Town.
b. Does
not hold and is not a candidate for elective office in the Town during
his term of office.
c. Is
not the spouse, mother, father, sister, brother, son or daughter of
a person who holds or is a candidate for elective office in the Town
during his term of office.
d. Is
able to read and interpret all pertinent election laws.
The Board shall appoint one of its members as Chairman. Vacancies
on the Board shall be filled by the Mayor with the approval of the
Council for the remainder of the unexpired term. The compensation
shall be determined by the Council.
|
[Ch. Res. No. 1, 8-21-1963, sec. 25; Res. No. 1, 5-19-1989]
Any member of the Town Board of Elections may be removed for
good cause by the Council. Before removal, the member of the Town
Board of Elections to be removed shall be given a written copy of
the charges against him and shall have a public hearing on them before
the Council if he so requests within ten days after receiving the
written copy of the charges against him.
[Ch. Res. No. 1, 8-21-1963, sec. 26; Res. No. 1, 5-19-1989; Res. No.
1, 5-9-1991; amended 4-2-2012 by Ch. Res.
No. 02-12]
The Town Board of Elections shall, before each town election,
obtain from the County Board of Elections a list of registered voters
of Prince George's County, Maryland, who reside in the Town and check
the accuracy of that list with respect to Town residency and ward
residency of voters. The Town Board of Elections shall recommend any
corrections required to the County Board of Elections. The Town Board
shall be in charge of all of the procedures required for nomination
and shall conduct all Town elections. The Board may appoint election
clerks or employees to assist it in any of its duties. The Town Board
of Elections shall utilize the provisions of the election laws contained
in the Election Law Article of the Annotated Code of Maryland (as
amended) concerning the casting and counting of ballots and the general
election procedures in so far as these provisions are applicable to
elections in the Town of Forest Heights and are consistent with the
provisions of this Charter or any ordinance passed pursuant thereto.
[Ch. Res. No. 1, 8-21-1963, sec. 27; Res. No. 1, 5-19-1989; amended 10-1-2012 by Ch. Res. No. 03-12; 3-4-2013 by Ch. Res. No. 01-13]
The Town Board of Elections shall give at least two weeks' notice
of every election by an advertisement published in the "Forest Heights
News," the Town newsletter, or in at least one newspaper of general
circulation in the Town and by posting a notice thereof in some public
place or places in the Town. Notice of election shall contain the
purpose of the election including a description of any questions for
referendum. Provided, however, that notice for runoff elections authorized
in Section 33-36 need only be within one week of the election date.
If applicable, on or before the third Wednesday in January, the Town
Board of Elections shall give notice in substantially the same manner
as required herein for general elections of any additional Council
seats that shall become vacant by virtue of any seated Councilman
serving a nonconcurrent term with the Mayor who files and does not
submit a timely withdrawal pursuant to Section 33-3 of this Charter
of a certificate of nomination wishing to be elected as Mayor at the
next general election.
[Ch. Res. No. 1, 8-21-1963, sec. 28; Res. No. 5, 4-8-1982; Res. No.
1, 5-19-1989]
(a) The time and place of registration of persons who qualify for voting
in a town election in accordance with Section 33-23 herein shall be
as set forth in Section 3-1 et. seq. Article 33 of the Annotated Code
of Maryland (1957 Edition, as amended).
(b) No person shall be entitled to vote in a Town election unless he
is registered in accordance with the provisions of Section 33-23 herein.
Provided, however, in the Town election to be held in May, 1989, residents
of the Town who have registered to vote only with the Town Board of
Elections shall also be entitled to vote in accord with Town registration
and voting requirements in force at the date of this Charter Amendment
Resolution.
(c) All other qualifications and procedures with respect to registration
of voters of the Town shall be as set forth in Sections 3-1 et. seq.
of Article 33 of the Annotated Code of Maryland (1957 Edition as amended).
(d) Ward registration. It shall be the duty of the Town Board of Elections
to furnish the County Board of Elections with all information necessary
to designate registered voters of the Town as to the respective wards
in the Town in which they reside.
(e) Council powers. The Mayor and Town Council shall adopt, by ordinance,
provisions concerning the eligibility of residents of the Town to
vote in Town elections which are consistent with the authority provided
by Article 33 of the Annotated Code of Maryland (1957 Edition as amended)
including Section 3-2(d) thereof concerning universal registration.
[Ch. Res. No. 1, 8-21-1963, sec. 29; Res. No. 1, 5-19-1989]
If any person shall feel aggrieved by any action of the Town
Board of Elections, such person may appeal to the Council by giving
notice in writing to the Town Clerk within fifteen (15) days of the
action taken by the Town Board of Elections. Any decision or action
of the Council upon such appeals may be appealed to the Circuit Court
for Prince George's County within thirty days of the decision or action
of the Council.
[Ch. Res. No. 1, 8-21-1963, sec. 30]
For the purpose of the elections, the Town of Forest Heights
shall be divided into three wards. The limits and boundaries of each
ward shall be as follows:
(1) First Ward — The First Ward shall comprise that part of the
Town east of the Indian Head Highway (Maryland State Route 210) and
north of Quade Street, including those residences on the north side
of Quade Street.
(2) Second Ward — The Second Ward shall comprise that part of the
Town east of the Indian Head Highway (Maryland State Route 210) and
south of Quade Street, including those residences on the south side
of Quade Street; and that part of the Town west of the Indian Head
Highway (Maryland State Route 210); east of Black Hawk Drive including
those residences on the east side of Black Hawk Drive and including
those residences on Cree Drive that are east of Black Hawk Drive if
that Drive were extended to the southern limits of the Town; east
of Woodland Drive between Black Hawk Drive and Mohican Drive including
those residences on the east side of Woodland Drive; and north of
Mohican Drive including those residences on the north side of Mohican
Drive and including those residences on Huron Drive that are north
of Mohican Drive if that Drive were extended to the western limits
of the Town.
(3) Third Ward — The third Ward shall comprise that part of the
Town southwest of the boundary of the Second Ward, that is the part
of the Town west of Black Hawk Drive including those residences on
the west side of Black Hawk Drive and those residences on Cree Drive
that are west of Black Hawk Drive if that Drive were extended to the
southern limits of the Town: west of Woodland Drive between Black
Hawk Drive and Mohican Drive including those residences of the west
side of Woodland Drive; and south of Mohican Drive including those
residences on the south side of Mohican Drive and including those
residences on Huron Drive that are south of Mohican Drive it [if]
that Drive were extended to the western limits of the Town.
[Ch. Res. No. 1, 8-21-1963, sec. 31; Res. No. 1, 5-19-1989; Res. No.
28, 1-19-2007; Ch. Res. No. 26, 3-9-2007; amended 10-1-2012 by Ch. Res. No. 03-12; 3-4-2013 by Ch. Res. No. 01-13]
Except as otherwise stated herein, persons may be nominated
for elective office in the Town by filing a certificate of nomination
with the Town Clerk on or before the first Wednesday in February preceding
the Town election. A candidate, who is a seated Councilman serving
a term of office that expires nonconcurrently with the Mayor, and
who wishes to file a certificate of nomination for Mayor, as stated
in Section 33-3 of this Charter, shall file a certificate of nomination
with the Town Clerk on or before the first Wednesday in January preceding
the Town election. Such certificate shall state (1) the office for
which the person is seeking, (2) the name and signature of the candidate,
(3) the ward in which the person resides, and (4) a statement that
he meets the qualifications for the office as contained in this Charter.
No person shall file for nomination to more than one elective Town
public office or hold more than one elective Town public office at
any one time. The Town Board of Elections shall review each certificate
of nomination and shall certify that the candidate meets the qualifications
and requirements contained in this Charter. Any certificate of a candidate,
that in the Board's judgment does not meet the stated qualifications
and requirements, shall be returned to the candidate with the reasons
for the return stated thereon. In the case of special elections and
other elections not held on the second Wednesday of March, the Town
Board of Elections may require the filing of a certificate of nomination
including a statement of qualification prior to the election provided
that the requirement of the need to file such information with the
Town Clerk is announced in the Town newsletter, a newspaper of general
circulation or a conspicuous public place within the Town at least
five business days prior to the cutoff for filing and such filing
must be scheduled at least five business days prior to the election
in question. Certificates for nomination are not required in the case
of a run-off election held as a result of a tie vote in an election.
[Ch. Res. No. 8, 11-16-2005; Ch. Res. No. 23, 3-9-2007]
On the second Wednesday of May in 2007, and on the second Wednesday
of March 2009 and every two years thereafter, one person shall be
elected at large to serve as Mayor for a two year term.
[Ch. Res. No. 9, 11-16-2005; Ch. Res. No. 24, 3-9-2007; amended 10-1-2012 by Ch. Res. No. 03-12]
A. Except as
otherwise stated in Subsection C., on the second Wednesday of March
in 2007 and every two years thereafter, one person from each Ward
shall be elected by the qualified voters of his Ward to serve as Councilman
for a two year term.
B. Except as otherwise stated in Subsection
C, on the second Wednesday of March in 2008 and every two years thereafter, one person from each Ward shall be elected by the qualified voters of his Ward to serve as Councilman for a two year term.
C. In cases where
any particular Ward is to have two (2) Council seats open and available
for election due to a seated Councilman filing to become a candidate
for Mayor while in mid-term as further described in Section 33-3 of
this Charter, the candidate receiving the highest number of votes
in a particular Ward shall be elected to a two-year term pursuant
to said Section 33-3 and the candidate receiving the second highest
number of votes in the same Ward shall be elected to a one-year term
or otherwise shall fill the vacancy caused by his predecessor's candidacy
for Mayor.
[Ch. Res. No. 1, 8-21-1963, sec. 34; Res. No. 1, 5-19-1989]
(a) Non-partisan. All municipal elections shall be conducted on a non-partisan
basis, and no ballot shall carry any party affiliation.
(b) Voting places and ballots. It shall be the duty of the Town Board
of Elections to provide for each special and general election a suitable
place or places for voting and suitable ballot boxes and ballots and/or
voting machines. The ballots and/or voting machines shall show the
name of each candidate nominated for elective office in accordance
with the provisions of this Charter, arranged in alphabetical order
by office or by Wards for Councilmen. If ballots are used, the Board
shall prepare a separate ballot for each Ward containing the names
of the candidates for Mayor and for Councilman from that particular
Ward. Write-in votes shall be permitted.
(c) Hours. The Town Board of Elections shall keep the polls opened from
11:00 a.m. to 8:00 p.m. on election days, or for longer hours if the
Mayor and Council require it.
[Ch. Res. No. 1, 8-21-1963, sec. 35;Res. No. 1, 5-19-1989; Ch. Res. No. 27, 3-9-2007]
All special Town elections shall be conducted by the Town Board
of Elections in the same manner and with the same personnel, as far
as practicable, as regular Town elections.
In the case of a vacancy in the office of Mayor or Councilman
which has not been filled by the Council within 60 days of the seat
becoming vacant by any reason, or at any time at the request of a
majority of the Council members holding office, the Town Board of
Elections shall conduct a special election to fill the vacant seat.
The special election shall be held as soon as practical after the
expiration of the sixty day period, but at least five business days
shall pass subsequent to the announcement of the election and the
cut-off for the submission of nominations, and nominations must be
announced at least five business days prior to the election. The Town
Clerk shall assist the election Board in organizing the election.
The Town Council shall amend the Town budget to cover any expenses
not otherwise appropriated for the conduct of the special election.
[Ch. Res. No. 1, 8-21-1963, sec. 36]
Immediately after the closing of the polls, the Board of Registrations
and Elections shall determine the vote cast for each candidate or
question and shall certify the results of the election to the Town
Clerk who shall record the results in the minutes of the Council.
The candidate for Mayor with the highest number of votes in the general
election shall be declared elected as Mayor. The candidate for Councilman
in each ward with the highest number of votes in the general election
shall be declared elected as Councilman. In case of a tie vote, the
Mayor and Council shall order and provide for a run-off election between
the tied candidates within 21 days thereafter.
[Ch. Res. No. 1, 8-21-1963, sec. 37]
All ballots and records used in any Town election shall be preserved
for at least six months from the date of the election.
[Ch. Res. No. 1, 8-21-1963, sec. 38]
The Council shall have the power to provide by ordinance in
every respect not covered by the provisions of this Charter for the
conduct of registration, nomination, and Town elections and for the
prevention of fraud in connection therewith, and for a recount of
ballots in case of doubt or fraud.
[Ch. Res. No. 1, 8-21-1963, sec. 39; amended 4-2-2012 by Ch. Res.
No. 02-12]
A. In addition
to the power granted to the Council in Section 33-38 of this Charter,
the Council shall further have the power to provide by ordinance that
any person who engages in the following behavior shall be deemed guilty
of a misdemeanor:
(1) Willfully
or corruptly fails to perform any duty required of him under the provisions
of this subtitle or any ordinances passed thereunder,
(2) In any
manner willfully or corruptly violates any of the provisions of this
subtitle or any ordinances passed thereunder, or
(3) Willfully
or corruptly does anything which has or may be deemed to affect fraudulently
any registration, nomination, or Town election, regardless of the
outcome of the election.
B. Any officer
or employee of the Town government who is convicted of a misdemeanor
under the provisions of this section shall immediately upon conviction
thereof cease to be entitled to hold such office or employment.
[Ch. Res. No. 1, 8-21-1963, sec. 40; Ch. Res. No. 10, 11-16-2005; amended 1-18-2017 by Ch. Res. No. 01-17]
There shall be a Treasurer appointed by the Mayor with the approval
of the Council. He shall serve at the pleasure of the Council. His
compensation shall be determined by the Council. The Treasurer shall
be the financial officer of the Town. The financial powers of the
Town, except as otherwise provided by this Charter, shall be exercised
by the Treasurer under the direct supervision of the Mayor.
[Ch. Res. No. 1, 8-21-1963, sec. 41]
Under the supervision of the Mayor, the Treasurer shall have
authority and shall be required to:
(1) Prepare at the request of the Mayor an annual budget to be submitted
by the Mayor to the Council.
(2) Supervise and be responsible for the disbursement of all moneys as
directed by the Mayor and Council and establish controls over all
expenditures to assure that budget appropriations are not exceeded.
(3) Maintain a general accounting system for the Town in such form as
the Council may require, not contrary to State law.
(4) Submit at the end of each fiscal year, and at such other times as
the Council may require, a complete financial report to the Council
through the Mayor.
(5) Ascertain that all taxable property within the Town is assessed for
taxation.
(6) Collect all taxes, special assessments, license fees, liens, and
all other revenues of the Town, and all other revenues for whose collection
the Town is responsible, and receive any funds receivable by the Town.
(7) Have custody of all public moneys, belonging to or under the control
of the Town, except as to funds in the control of any set of trustees,
and have custody of all bonds and notes of the Town.
(8) Do such other things in relation to the fiscal or financial affairs
of the Town as the Mayor or the Council may require or as may be required
elsewhere in this Charter.
[Ch. Res. No. 1, 8-21-1963, sec. 42]
The Treasurer shall provide a bond with such corporate surety
and in such amount as the Mayor and Council by ordinance may require.
[Ch. Res. No. 1, 8-21-1963, sec. 43]
The Town shall operate on an annual budget. The fiscal year
of the Town shall begin on the first day of January and shall end
on the last day of December in each year. Such fiscal year shall constitute
the tax year, the budget year, and the accounting year. Provided,
however, that by July 1, 1966, the fiscal year, tax year, budget year,
and accounting year shall begin on the first day of July and shall
end on the last day of June so as to comply with the requirements
of Chapter 825, Laws of Maryland, 1963.
[Ch. Res. No. 1, 8-21-1963, sec. 44; amended 1-18-2017
by Ch. Res. No. 01-17]
The Mayor, on such date as the Council shall determine, but
at least thirty-two days before the beginning of any fiscal year,
shall submit a budget to the Council. The budget shall provide a complete
financial plan for the budget year and shall contain estimates of
anticipated revenues and proposed expenditures for the coming year.
The budget may provide funds for major construction projects, exclusive
of routine maintenance and repair. Such provision of funds in the
budget will be termed the "capital account." Sufficient funds may
further be set aside in a reserve or reserve funds to be made available
for (I) appropriation for unanticipated or extraordinary expenses
that may be incurred in either the operating account or the capital
account, or (II) for any other specific intended purpose as authorized
by state statute or ordinance. The total of the anticipated revenues
shall equal or exceed the total of the proposed expenditures. The
budget shall be a public record in the office of the Treasurer, open
to public inspection by anyone during normal business hours.
[Ch. Res. No. 1, 8-21-1963, sec. 45; amended 10-21-2015 by Ch. Res. No. 01-2015]
Before adopting the budget the Council shall hold a public hearing
thereon after two weeks' notice thereof in the "Forest Heights News,"
the Town newsletter, or in some newspaper or newspapers having general
circulation within the municipality. The Council may insert new items
or may increase or decrease the items of the budget. Where the Council
shall increase the total proposed expenditures it shall also increase
the total anticipated revenues in an amount at least equal to such
total proposed expenditures. The budget shall be prepared and adopted
in the form of an ordinance. If the Council fails to adopt a budget
proposed by the Mayor by the next fiscal year, the previous year's
budget shall go into effect subject to amendments by the Council.
[Ch. Res. No. 1, 8-21-1963, sec. 46; amended 1-18-2017
by Ch. Res. No. 01-17]
No public money may be expended without having been appropriated
by the Council. From the effective date of the budget, the several
amounts stated therein as proposed expenditures shall be and become
appropriated to the several objects and purposes named therein. The
Council may appropriate funds from any reserve established by ordinance
or statute for a specific intended purpose, or for unanticipated or
extraordinary expenses provided in the budget from time to time during
the fiscal year to meet extraordinary or unanticipated expenditures
that may occur, provided that such supplemental or emergency appropriations
are passed consistent with state law.
[Ch. Res. No. 1, 8-21-1963, sec. 47]
Any transfer of funds between major appropriations for different
purposes by the Mayor must be approved by the Council before becoming
effective.
[Ch. Res. No. 1, 8-21-1963, sec. 48]
No officer or employees shall during any budget year expend
or contract to expend any money or incur any liability or enter into
any contract which by its terms involves the expenditure of money
for any purpose, in excess of the amounts appropriated for or transferred
to that general classification of expenditure pursuant to this Charter.
Any contract, verbal or written, made in violation of this Charter
shall be null and void. Nothing in this section contained, however,
shall prevent the making of contracts or the spending of money for
capital improvements to be financed in whole or in part by the issuance
of bonds, nor the making of contracts of lease or for services for
a period exceeding the budget year in which such contract is made,
when such contract is permitted by law.
[Ch. Res. No. 1, 8-21-1963, sec. 49; amended 1-18-2017
by Ch. Res. No. 17-01]
All appropriations shall lapse at the end of the budget year
to the extent that they shall not have been expended or lawfully encumbered,
except for funds appropriated to the capital account or a reserve
fund, which shall remain available until expended. Except as stated
herein, any unexpended and unencumbered funds shall be considered
a surplus at the end of the budget year and shall be included among
the anticipated revenues for the next succeeding budget year. Reserve
funds and any undesignated or unappropriated general fund balances
shall remain available until appropriated and expended.
[Ch. Res. No. 1, 8-21-1963, sec. 50; Ch. Res. No. 4, 11-16-2005; amended 7-11-2011 by Ch. Res. No. 01-12]
All checks issued in payment of Town obligations shall be signed
by two persons who shall be designated from time to time by resolution
of the Council, provided that if they shall fail to designate such
persons, all checks shall be signed by the Mayor and counter-signed
by the Town Administrator or Town Clerk. In either person's absence
or incapacity, the President of the Council, or in his absence, a
Council member with the approval of a majority of Council members,
may sign or counter-sign a check. The Council by resolution may establish
an alternate system whereby electronic payments of authorized purchases
may be accomplished through banking institutions, provided documentation
shall be maintained.
[Ch. Res. No. 1, 8-21-1963, sec. 51]
All real property and all tangible personal property within
the corporate limits of the Town, or personal property which may have
a situs there by reason of the residence of the owner therein, shall
be subject to taxation for municipal purposes, and the assessment
used shall be the same as that for State and County taxes. Provided,
however, that household furniture and effects held for household use
of the owners or members of his family, and not held or employed for
the purposes of profit or in connection with any business, profession,
or occupation shall not be subject to taxation for municipal purposes.
No authority is given by this section to impose taxes on any property
which is exempt from taxation by any Act of the General Assembly.
[Ch. Res. No. 1, 8-21-1963, sec. 52; Ch. Res. No. 2, 1-19-1966; Res. 5-8-1969; Res. No.
2, 9-15-1982]
From the effective date of the budget, the amount stated therein
as the amount to be raised by the property tax shall constitute a
determination of the amount of the tax levy in the corresponding tax
year.
[Ch. Res. No. 1, 8-21-1963, sec. 53]
Immediately after the levy is made by the Council in each year,
the Treasurer shall give notice of the making of the levy by posting
a notice thereof in some public place or places in the Town. He shall
make out and mail or deliver in person to each taxpayer or his agent
at his last known address a bill or account of the taxes due from
him. This bill or account shall contain a statement of the amount
of real and personal property with which the taxpayer is assessed,
the rate of taxation, the amount of taxes due, and the date on which
the taxes will bear interest. Failure to give or receive any notice
required by this section shall not relieve any taxpayer of the responsibility
to pay on the dates established by this Charter all taxes levied on
his property.
[Ch. Res. No. 1, 8-21-1963, sec. 54; Res. No. 1, 8-3-1983]
The taxes provided for in Section 33-52 of this Charter shall be due and payable on the dates specified, and with interest as specified in Article 81, Section
48, of the Annotated Code of Maryland, as the provisions of that Article and Section may be amended from time to time.
[Ch. Res. No. 1, 8-21-1963, sec. 55]
A list of all property on which the Town taxes have not been
paid and which are in arrears as provided by Section 33-54 of this
Charter shall be turned over by the Treasurer to the official of the
County responsible for the sale of tax delinquent property as provided
in State law. All property listed thereon shall if necessary be sold
for taxes by this County official, in the manner prescribed by State
law.
[Ch. Res. No. 1, 8-21-1963, sec. 56]
All fees received by an officer or employee of the Town government
in his official capacity shall belong to the Town government and be
accounted for to the Town.
[Ch. Res. No. 1, 8-21-1963, sec. 57]
The financial books and accounts of the Town shall be audited
annually by a certified public accountant selected by the Mayor and
Council.
[Ch. Res. No. 1, 8-21-1963, sec. 58]
During the first six months of any fiscal year, the Town shall
have the power to borrow in anticipation of the collection of the
property tax levied for that fiscal year, and to issue tax anticipation
notes or other evidences of indebtedness as evidence of such borrowing.
Such tax anticipation notes or other evidences of indebtedness shall
be a first lien upon the proceeds of such tax and shall mature and
be paid not later than six months after the beginning of the fiscal
year in which they are issued. No tax anticipation notes or other
evidences of indebtedness shall be issued which will cause the total
tax anticipation indebtedness of the Town to exceed 50% of the property
tax levy for the fiscal year in which such notes or other evidences
of indebtedness are issued. All tax anticipation notes or other evidences
of indebtedness shall be authorized by resolution before being issued.
The Council shall have the power to regulate; all matters concerning
the issuance and sale of tax anticipation notes.
[Ch. Res. No. 1, 8-21-1963, sec. 59; Res. 10-9-1969; amended 4-1-2013 by Ch. Res.
No. 02-13; 8-5-2013 by Ch. Res. No. 04-13]
(a) The Town
shall have the power to borrow money for any proper public purpose
and to evidence such borrowing by the issue and sale of its general
obligation bonds, notes or other evidences of indebtedness in the
manner prescribed in this sections.
(b) All general obligation bonds, notes or other evidences of indebtedness issued under the provisions of this section shall be authorized by an ordinance that shall contain: (1) a statement of the maximum aggregate principal amount of such obligations to be issued; (2) a statement of the purpose or purposes for which the proceeds of such obligations are to be expended; (3) a pledge of the security for such obligations and, if applicable, a statement that such obligations shall be payable in the first instance from a specified source of revenue or provisions for the making of such statement by resolution; and (4) a requirement that, subject to the provisions of Subsection
(d) below, prior to the issuance of any such obligations, the Council shall adopt a resolution in accordance with the provisions of Subsection
(c) below.
(c) Prior to issuing any such obligations identified in Subsection
(b) above, the Council shall adopt a resolution containing, determining or providing for the determination of, or approving or providing for the approval of: (1) the designation, date of issue, denomination or denominations, form or forms and tenor of such obligations; (2) the rate or rates of interest payable on such obligations (which may be fixed or variable or may be determined by a method approved or provided for); (3) the date or dates and amount or amounts of maturity, which may be in any denomination and which may be in serial and/or term maturities or otherwise payable in installment, and which need not be payable annually; (4) the manner of selling such obligations, which may be either by solicitation of competitive bids at public sale after publication or dissemination of the notice of sale or a summary thereof or by private (negotiated) sale without advertisement or solicitation of competitive bids; (5) the price or prices of such obligations, which may be at, above or below par value; (6) any desired provisions relating to the redemption or put of such obligations prior to maturity (which may be at, above or below par value), and the manner of publishing or otherwise giving notice of such redemption or put; (7) the manner of executing and sealing such obligations, which may be by facsimile; (8) any documents pursuant to which such obligations are to be issued or secured, including, without limitation, agreements with banks, fiduciaries, insurers or others for the purpose of enhancing the marketability of or as security for such obligations and for securing any tender option granted to the holders thereof; and (9) such other provisions regarding the terms, conditions, issuance, sale, delivery and security of and for such obligations as the Council may determine necessary or desirable, including, without limitation, whether such obligations shall be sold for cash or other valuable consideration or further specifying the purposes for which such obligations are to be expended (within the limitations set forth in the applicable ordinance). By resolution the Council may delegate to a specified official or officials the authority to approve any matters or make any determinations contemplated by this Subsection
(c). A resolution adopted pursuant to this Subsection
(c) may be introduced and adopted at a single session of the Council and shall become effective immediately upon adoption or upon the date specified in such resolution.
(d) The Council may, at its option, determine or provide for the determination of, or approve or provide for the approval of, any of the matters referenced in Subsection
(c) above by ordinance instead of by resolution.
(e) In connection with any sale of general obligation bonds, notes or other evidences of indebtedness by the solicitation of competitive bids at public sale, any such competitive bids may be delivered by electronic and/or facsimile means and/or by any other then-commercially reasonable manner for the public sale of municipal obligations by competitive bid; and any notice of sale may be published solely in summary form in a newspaper of general circulation in the Town and/or in a generally recognized financial journal such as the Bond Buyer, or any notice of sale, rather than being published in full or summary form, may be made available solely via the internet or by other electronic means and/or by any other then-commercially reasonable manner for the sale of municipal obligations, all as determined by the Council by resolution or ordinance in accordance with the provisions of Subsection
(c) or Subsection
(d) above, as applicable. To the extent the Council determines to publish the notice of sale in full or summary form, any such publication need only be made once at least seven (7) days before the initial date fixed for sale.
(f) The power
conferred on the Town under this section shall be deemed to be additional
and supplemental to any other general obligation borrowing authority
granted to the Town by Maryland, Town or federal law, and the Town
may authorize, issue and secure any such general obligation debt in
conformity with this section and/or any other applicable law.
(g) The principal
amount of Town general obligation bonds, notes or other evidences
of indebtedness issued under this section or other applicable law
and outstanding at the time of any such newly issued obligations shall
not exceed four per centum (4%) of the assessed valuation of all real
property in the Town.
[Ch. Res. No. 1, 8-21-1963, sec. 60; amended 4-1-2013 by Ch. Res.
No. 02-13; 8-5-2013 by Ch. Res. No. 04-13]
In any one fiscal year the Town shall not issue general obligation
bonds, notes or other evidences of indebtedness for storm water or
surface drainage improvements in principal amount in excess of two
per centum (2%) of the assessed valuation of all real property in
the Town unless submitted to a referendum of the qualified voters
of the Town and approved by a majority of those persons voting on
the question. The referendum may be held at a regular municipal election
or at a special election called for that purpose. If the majority
of the qualified voters voting on the question vote in favor of the
bond issue, then the bonds may be issued. If the majority of the qualified
voters voting on the question vote against the bond issue, the Mayor
and Council shall abandon the same, and no similar proposition shall
again be submitted to referendum until at least one year shall have
elapsed from the date of election at which said proposition was disapproved.
[Ch. Res. No. 1, 8-21-1963, sec. 61]
The power and obligation of the Town to pay any and all bonds,
notes, or other evidences of indebtedness issued by it under the authority
of this Charter shall be unlimited and the Town may levy either ad
valorem taxes or special assessments upon all taxable property of
the Town or portion thereof for the payment of such bonds, notes,
or other evidences of indebtedness and interest thereon, without limitation
of amount. The faith and credit of the Town is hereby pledged for
the payment of the principal of and the interest on all bonds, notes,
or other evidences of indebtedness, hereafter issued under the authority
of this Charter, whether of [or] not such pledge be stated in the
bonds, notes, or other evidences of indebtedness, or in the ordinance
or resolution authorizing their issuance.
[Ch. Res. No. 1, 8-21-1963, sec. 62]
All bonds, notes, or other evidences of indebtedness validly
issued by the Town previous to October 10, 1963, and all ordinances
or resolutions passed concerning them are hereby declared to be valid,
legal, and binding and of full force and effect as if herein fully
set forth.
[Ch. Res. No. 1, 8-21-1963, sec. 63; Res. 10-9-1969]
(a) Competitive bids. All purchases and contracts for the Town government
shall be made by the Mayor and Council. The Council may provide by
ordinance for rules and regulations regarding the use of competitive
bidding and contracts for all Town purchases and contracts.
(b) Over $10,000. All expenditures for supplies, materials, equipment,
construction of improvements, or contractual service involving more
than ten thousand dollars ($10,000.00) shall be made on written contract.
The Mayor and Council shall be required to advertise for sealed bids
for all such written contracts.
[Amended 11-2-2009 by Ch. Res. No. 34]
(c) Award of bids. Such written contracts shall be awarded to the bidder
who offers the lowest or best bid, quality of goods and work, time
of delivery or completion, and responsibility of bidders being considered.
All such written contracts shall be approved by the Council before
becoming effective. The Mayor and Council shall have the right to
reject all bids and readvertise. The Town at any time in its discretion
may employ its own forces for the construction or reconstruction of
public improvements without advertising for (or readvertising for)
or receiving bids.
(d) Surety bonds. All written contracts may be protected by such bonds,
penalties, and conditions as the Town may require.
(e) Exceptions. All contracts involving professional services such as
accounting, architecture, auditing, engineering, law, planning, and
surveying, shall not be on a bid basis, but shall be negotiated by
the Council.
(f) Cooperative
purchasing. In the event the State of Maryland, Prince George’s
County, or any other local government of the State of Maryland, the
Metropolitan Washington Council of Governments, or one (1) of its
member governments, or the U.S. Communities Government Purchasing
Alliance, or any association of Maryland local governments, provided
that such local government or association has adopted procurement
regulations that are comparable to those enacted by the Town, has
conducted a bid and awarded a contract authorizing local governments
to purchase a bid item at the bid price, the Mayor and Council may,
without soliciting bids, purchase the item in question at the bid
price from the successful bidder, if the Mayor and Council determines
that the bid price is competitive. The Mayor shall, at least seven
days prior to purchasing a service or goods pursuant to this subsection,
receive affirmative approval of at least 4 Councilpersons prior to
making purchase. No single cooperative purchase shall exceed $25,000
without a waiver by the Council of the bidding process required by
this section for good cause shown.
[Added 11-2-2009 by Ch. Res. No. 34]
(g) Waivers.
The Mayor and Council by a two-thirds vote may waive the competitive
bidding requirements of this section for good cause shown for sole
source procurements of unique products and services. Written findings
as to the basis of such waiver shall be placed in the journal of the
Council’s proceedings.
[Added 11-2-2009 by Ch. Res. No. 34]
[Ch. Res. No. 1, 8-21-1963, sec. 64; Ch. Res. No. 7, 11-16-2005]
The Mayor, with the approval of the Council, shall appoint a
Town Clerk. The Town Clerk shall attend the meetings of the Council
and shall keep a full and accurate record of the proceedings of the
Council. He shall be custodian of the official records (other than
the records of the Treasurer and the Board of Registrations and Elections)
of the Town and shall perform such other duties as may be required
by the Mayor and Council. The Town Clerk may be the same person as
the Treasurer.
[Ch. Res. No. 1, 8-21-1963, sec. 65]
The Mayor with the approval of the Council shall appoint a Town
Attorney. The Town Attorney shall be a member of the bar of the Maryland
Court of Appeals. The Town Attorney shall be the legal adviser of
the Town and shall perform such duties in this connection as may be
required by the Council or the Mayor. His compensation shall be determined
by the Council. The Town shall have the power to employ such legal
consultants as it deems necessary from time to time.
[Ch. Res. No. 1, 8-21-1963, sec. 66; amended 11-1-2010 by Ch. Res.
No. 03-10]
(a) The Council
shall appoint an officer of the Town who shall hold the title of Town
Administrator and shall have the powers and perform the duties as
may be provided by this Charter and any applicable ordinances of the
Town. Neither the Mayor nor any member of the Council shall receive
such appointment during the term for which he or she shall have been
elected, nor within one year after expiration of said term.
(b) The Town
Administrator shall hold a Baccalaureate Degree from an accredited
institution, and have a minimum of four years experience unless said
educational requirement is waived by a unanimous vote of the Council,
and he or she shall be chosen on the basis of his or her executive
ability and administrative qualifications with special consideration
being made for his or her actual education relating to, experience
in, or knowledge of municipal government and personnel matters, grants
and finances.
(c) Notwithstanding
any ordinance to the contrary, the Council shall appoint the Town
Administrator to an indefinite term by a majority vote its members,
and thereafter may suspend or remove him or her with or without cause
by a majority vote of its members.
(d) The Town
Administrator shall be considered subordinate to the Council, and
an at-will employee serving at the pleasure of the Council. The Town
Administrator shall receive such compensation as the Council shall
determine appropriate from time to time. The position will have a
1-year probationary period with 2 evaluations during that period to
be performed by the Mayor and approved by the Council.
(e) The duties
and powers of the Town Administrator shall be as follows:
(1) Serve
as the personnel officer of the Town and, in this capacity, formulate
personnel rules and regulations to be approved by the Mayor and Council.
The personnel rules and regulations shall include a pay schedule for
each position in the Town service, designation of a classification
service to be included in any merit system established by the Council,
and position descriptions for all employees. Department heads shall
be recommended by the Town Administrator for appointment by the Mayor
with approval of the Council. Subordinate officers and employees shall
be recommended for employment or removal by the Town Administrator
to the Mayor. The Town Administrator shall inform the Council of any
change in the status of career service employees and may make recommendations
as he or she feels necessary to implement the personnel system and
assist the Mayor with administering the budget.
(2) Attend
all meetings of the Town Council unless excused; take part in the
discussion of all matters before the Council; and report verbally
or in writing to the Council at its regular meeting the condition
of the Town, all major administrative actions, and any recommendations
for Council action that would improve or maintain the good health,
safety, welfare, or administration of the Town. The Town Administrator
may report such matters to the Council more frequently than at each
regular Council meeting.
(3) Investigate
the affairs of the Town or any Town department and report to the Council
any deficiencies. Investigate all complaints in relation to the administration
of Town government and in relation to services provided by the officers
and employees of the Town. Assist the Mayor in insuring the faithful
observance of all permits, franchises and privileges granted by the
Town.
(4) Assist
the Mayor in the enforcement of all terms and conditions imposed in
favor of the Town in any contract or franchise, and upon knowledge
of any violation thereof, report the same to the Council for such
action and proceedings as may be necessary to enforce the same.
(5) Perform
such other duties and functions as may be directed by resolution or
ordinance.
(f) Any vacancy
in the office of Town Administrator shall be filled within 90 days
after the effective date of such vacancy or this resolution.
(g) Except
for purposes of inquiry only, in cases regarding emergency procurements
governed by ordinance, or where specifically authorized in writing
by the Mayor or by resolution of the Council, individual members of
Council other than the Mayor, shall interact or conduct business with
all officers and employees of the Town that are subordinate to the
Mayor solely through the Mayor and no member of Council apart from
the Mayor shall give orders or issue commands to any subordinate of
the Mayor either publically or privately.
(h) The Town
shall have the power to employ such officers and employees as it deems
necessary to execute the powers and duties provided by this Charter
or other state law and to operate the Town government.
[Ch. Res. No. 1, 8-21-1963, sec. 67; amended 11-1-2010 by Ch. Res.
No. 04-10]
The Mayor and Council may provide by ordinance for a merit system
for Town employees. To carry out this purpose, the Council shall have
the power to adopt such rules and regulations governing the operation
of a merit system as it deems desirable or necessary. Among other
things, these rules and regulations may provide for competitive examinations,
the use of eligible lists, a classification plan, a compensation plan,
a probation period, an unclassified service, appeals by employees
included within the classified service from dismissal or other disciplinary
action, and vacation and sick leave regulations.
[Ch. Res. No. 1, 8-21-1963, sec. 68]
The Town shall have the power to do all things necessary to
include its officers and employees, or any of them, within any retirement
system or pension system under the terms of which they are admissible,
and to pay the employer's share of the cost of any such retirement
or pension system out of the general funds of the Town.
[Ch. Res. No. 1, 8-21-1963, sec. 69]
The compensation of all officers (except the Mayor and Councilmen)
and employees of the Town shall be set from time to time by a resolution
passed by the Council.
[Ch. Res. No. 1, 8-21-1963, sec. 70]
The Town is authorized and empowered, by ordinance, to provide
for or participate in hospitalization or other forms of benefit or
welfare programs for its officers and employees, and to expend public
monies of the Town for such programs.
[Ch. Res. No. 1, 8-21-1963, sec. 71; amended 3-16-2016
by Ch. Res. No. 01-16; 3-21-2018 by Ch. Res. No. 01-18]
(a) Restriction. No person shall hold more than one Town office or position
at any one time (excepting the Treasurer may be appointed as Town
Clerk) nor shall any person holding any Town office or position have
outside business interests in commercial or other enterprises doing
business with the Town. For the purposes of this Section, Town office
or position shall mean all elective, or appointive positions in the
Town with no distinction made between paid or unpaid offices or positions.
Notwithstanding anything in this section to the contrary, nothing
herein shall be construed to prevent a sworn police officer from assuming
more than one office or position in the Town; or, a Town employee,
or appointed or elected official from being appointed or assigned:
(1) To any committee, mayoral task force or other appointive body in
an ex officio capacity, or to any committee, mayoral task force, or
body having powers or duties that are solely advisory in nature, provided
that no further direct compensation or salary is paid;
(2) To any board, committee or position of a private, nonprofit corporation
formed to provide physical, economic and educational development and
revitalization efforts for businesses and residents of the Town and
environs that is designated or eligible for tax exemption under Section
501(c) of the Internal Revenue Code.
(3) As Parliamentarian to the Town Council; or
(4) As an Election Clerk pursuant to Section 33-26 of this Charter, except
that the Town Clerk shall not serve in this position.
(b) Enforcement. The Council may provide or allow by ordinance a penalty
for violating this Section. Any person who is serving as an officer
or employee of the Town that assumes any additional Town office or
position contrary to this Section shall immediately forfeit the office
or position initially held.
PUBLIC WAYS AND SIDEWALKS
|
[Ch. Res. No. 1, 8-21-1963, sec. 72]
The term "public ways" as used in this Charter shall include
all streets, avenues, roads, highways, public thoroughfares, lanes,
and alleys.
[Ch. Res. No. 1, 8-21-1963, sec. 73]
The Town shall have control of all public ways in the Town except
such as may be under the jurisdiction of the State Roads Commission
of Maryland or Prince George's County. Subject to the laws of the
State of Maryland and this Charter, the Town may do whatever it deems
necessary to establish, operate, and maintain in good condition the
public ways of the Town.
[Ch. Res. No. 1, 8-21-1963, sec. 74]
The Town shall have the power:
(1) To establish, regulate, and change from time to time the grade lines,
width, and construction materials of any Town public way or part thereof,
bridges, curbs, and gutters.
(2) To grade, lay out, construct, open, extend, and make new Town public
ways.
(3) To grade, straighten, widen, alter, improve, or close up any existing
Town public way or part thereof.
(4) To pave, surface, repave, or resurface any Town public way or part
thereof.
(5) To install, construct, reconstruct, repair, and maintain curbs and/or
gutters along any Town public way or part thereof.
(6) To construct, reconstruct, maintain, and repair bridges.
(7) To have surveys, plans, specifications, and estimates made for any
of the above activities or projects or parts thereof.
[Ch. Res. No. 1, 8-21-1963, sec. 75]
The Town shall have the power:
(1) To establish, regulate, and change from time to time the grade lines,
width, and construction materials of any sidewalk or part thereof
on Town property along any public way or part thereof.
(2) To grade, lay out, construct, reconstruct, pave, repave, repair,
extend, or otherwise alter sidewalks on Town property alone any public
way or party [part] thereof.
(3) To require that the owners of any property abutting on a sidewalk
keep the sidewalk clear of all ice, snow, and other obstructions.
[Ch. Res. No. 1, 8-21-1963, sec. 76]
(a) Authorized. The Council, in its discretion or upon petition of at least twenty-five per centum (25%) but in no case less than two of the abutting property owners, shall have the power to authorize improvements to the public ways, curbs, gutters, or sidewalks, the cost of which is chargeable to the abutting property owners, subject to the provisions hereinafter outlined in Section 33-76(b). If the Council receives a petition signed by at least fifty-one per centum (51%) of the abutting property owners requesting an improvement to the public ways, curbs, gutters, or sidewalks, the cost of which is chargeable to the abutting property owners, the Council need not comply with the provisions of subsection
(b) of Section 33-76 but must comply with the provisions of Section 33-79. For the purpose of such petitions only one person may sign for each parcel of property. For the purpose of this section "improvements" shall be construed to mean "construction," or "reconstruction."
(b) Procedure. The procedure to be followed by the Council in authorizing
such an improvement shall be as follows;
(1) A public hearing shall be held on the proposed improvement. The Town
Clerk shall cause notice of the hearing to be given by sending a copy
thereof by mail to the owner of record and by publication of a copy
of the notice at least once in the "Forest Heights News," the town
newsletter, or in a newspaper of general circulation in the Town.
Such notice shall contain the date and time of the hearing, the nature
of the proposed improvement, the limits of the area of the improvement,
and the estimated cost of the improvement.
(2) At the hearing the property owners or their agents or attorneys may
appear before the Council and be heard concerning the proposed improvement.
(3) Following the public hearing, the Council shall make a determination
concerning authorization of the proposed improvement. The Town Clerk
shall cause notice of the Council's action to be given by sending
a copy thereof by mail to the owner of record and by publication of
a copy of the notice at least once in the "Forest Heights News," the
town newsletter, or in a newspaper of general circulation in the Town.
Such notice shall contain the action taken by the Council, and if
the Council authorized the improvement, the notice shall contain the
nature of the improvement, the limits of the area of the improvement,
and the cost of the improvement presented in such a manner that a
property owner concerned could determine his share of the cost of
the project.
(4) If the Council authorized the proposed improvement, the property
owners abutting the proposed improvement and chargeable with the costs
thereof may initiate a petition to prevent the authorized improvement
from being accomplished. For the purpose of this petition, only one
person may sign for each parcel of property.
(5) If such a petition, signed by at least fifty-one per centum (51%)
of the property owners concerned, is presented to the Council within
thirty (30) days from the date of notice of the Council's authorization
of the proposed improvement, the Council shall not accomplish the
improvement for at least twelve (12) months. After this twelve (12)
month period, the Council or the property owners may propose that
the same improvement be authorized, provided that the provisions of
this section are complied with.
[Ch. Res. No. 1, 8-21-1963, sec. 77]
The Town shall have the power to enter into agreements with
other governmental agencies concerning the construction, operation,
and maintenance of a storm water drainage system and storm water sewers.
[Ch. Res. No. 1, 8-21-1963, sec. 78]
The Town shall have the power to levy and collect taxes in the
form of special assessments upon property in a limited and determinable
area for special benefits conferred upon such property by the installation
or construction of storm water sewers, flood controls, curbs, and
gutters and by the construction, and paving of public ways and sidewalks
or parts thereof, and to provide for the payment of all or any part
of the above projects out of the proceeds of such special assessment.
The cost of any project to be paid in whole or in part by special
assessments may include the direct cost thereof, the cost of any land
acquired for the project, the interest on bonds, notes, or other evidences
of indebtedness issued in anticipation of the collection of special
assessments, a reasonable charge for the services of the administrative
staff of the Town, and any other item of cost which may reasonably
be attributed to the project.
[Ch. Res. No. 1, 8-21-1963, sec. 79]
The procedure for special assessments, whenever authorized in
this Charter, shall be as follows: The procedures outlined in Section
33-76 shall be considered as part of the procedures outlined in this
section.
(1) The cost of the project being charged for shall be assessed according
to the front foot rule of apportionment or some other equitable basis
determined by the Council.
(2) The amount assessed against any property for any project or improvement
shall not exceed the value of the benefits accruing to the property
therefrom, nor shall any special assessment be levied which shall
cause the total amount of special assessments levied by the Town and
outstanding against any property at any time, exclusive of delinquent
installments, to exceed twenty-five per centum (25%) of the assessed
value of the property after giving effect to the benefit accruing
thereto from the project or improvement for which assessed.
(3) When desirable, the affected property may be divided into different
classes to be charged different rates, but, except for this, any rate
shall be uniform.
(4) All special assessment charges shall be levied by the Council by
resolution. Before levying any special assessment charges, the Council
shall hold a public hearing. The Town Clerk shall cause notice to
be given stating the nature and extent of the proposed project, the
kind of materials to be used, the estimated cost of the project, the
portion of the cost to be assessed, the number of installments in
which the assessment may be paid, the method to be used in apportioning
the cost, and the limits of the proposed area of assessment. The notice
shall also state the time and place at which all persons interested,
or their agents or attorneys, may appear before the Council and be
heard concerning the proposed project and special assessment. Such
notice shall be given by sending a copy thereof by mail to the owner
of record of each parcel of property proposed to be assessed and to
the person in whose name the property is assessed for taxation and
by publication of a copy of the notice at least once in the "Forest
Heights News," the town newsletter or in a newspaper of general circulation
in the Town. The Town Clerk shall present at the hearing a certificate
of publication and mailing of copies of the notice, which certificate
shall be deemed proof of notice, but failure of any owner to receive
the mailed copy shall not invalidate the proceedings. The date of
hearing shall be set at least ten and not more than thirty days after
the Town Clerk shall have completed publication and service of notice
as provided in this section. Following the hearing the Council way
vote to proceed with the project and may levy the special assessment,
subject to the restrictions on projects involving public ways, curbs,
gutters, and sidewalks as contained in Section 33-76(b)(4).
(5) Any interested person feeling aggrieved by the levying of any special
assessment under the provisions of this section shall have the right
to appeal to the Circuit Court of Prince George's County within ten
days after the levying of any assessment by the Council.
(6) Special assessments may be made payable in annual or more frequent
installments over such period of time, not to exceed ten years, and
in such manner as the Council may determine. The Council shall determine
on what date installments shall be due and payable. Interest may be
charged on installments at the rate to be determined by the Council.
(7) All special assessment installments shall be overdue six months after
the date on which they became due and payable. All special assessments
shall be liens on the property and all overdue special assessments
shall be collected in the same manner as Town taxes or by suit at
law.
(8) All special assessments shall be billed and collected by the Town
Treasurer.
[Ch. Res. No. 1, 8-21-1963, sec. 80]
The Town may acquire real, personal, or mixed property for any
public purpose by purchase, gift bequest, devise, lease, condemnation,
or otherwise and may sell, lease, or otherwise dispose of any property
belonging to the Town. All municipal property, funds, and franchises
of every kind belonging to or in the possession of the Town (by whatever
prior name known) on October 10, 1963, are vested in the Town, subject
to the terms and conditions thereof.
[Ch. Res. No. 1, 8-21-1963, sec. 81]
The Town shall have the power to condemn property of any kind,
or interest therein or franchise connected therewith, in fee or as
an easement, within the corporate limits of the Town, for any public
purpose. Any activity, project, or improvement authorized by the provisions
of this Charter or any other State law applicable to the Town shall
be deemed to be a public purpose. The manner of procedure in case
of any condemnation proceeding shall be that established in the Real
Property Article of the Annotated Code of Maryland, Title 12 (Eminent
Domain).
[Ch. Res. No. 1, 8-21-1963, sec. 82]
The Town shall have the power to acquire, to obtain by lease
or rent, to purchase, construct, operate, and maintain all buildings
and structures it deems necessary for the operation of the Town government.
[Ch. Res. No. 1, 8-21-1963, sec. 83]
The Town shall have the power to do whatever may be necessary
to protect town property and to keep all Town property in good condition.
[Ch. Res. No. 1, 8-21-1963, sec. 84]
(a) Required; text. Before entering upon the duties of their offices,
the Mayor, the Councilmen, the Treasurer, the Town Clerk, the members
of the Board of Registrations and Election, and all other persons
elected or appointed to any office of profit or trust in the Town
government shall take and subscribe the following oath or affirmation:
"I,____________________, do swear (or affirm, as the case may be),
that I will support the Constitution of the United States; and that
I will be faithful and bear true allegiance to the State of Maryland,
and support the Constitution and Laws thereof; and that I will, to
the best of my skill and judgment, diligently and faithfully, without
partiality or prejudice, execute the office of, ____________________,
according to the Constitution and Laws of this State."
(b) Procedure. The Mayor shall take and subscribe this oath or affirmation
before the Clerk of the Circuit Court for Prince George's County or
before one of the sworn deputies of the Clerk. All other persons taking
and subscribing the oath shall do so before the Mayor.
[Ch. Res. No. 1, 8-21-1963, sec. 85]
The Treasurer and such other officers or employees of the Town
as the Mayor and Council or this Charter may require, shall give bond
in such amount and with such surety as may be required by the Council.
The premiums on such bonds shall be paid by the Town.
[Ch. Res. No. 1, 8-21-1963, sec. 86]
All right, title, and interest held by the Town, or any other
person or corporation on October 10, 1963, in and to any lien acquired
under any prior Charter of the Town, are hereby preserved for the
holder in all respects as if this Charter had not been adopted, together
with all rights and remedies in relation thereto. This Charter shall
not discharge, impair, or release any contract, obligation, duty,
liability, or penalty whatever existing on October 10, 1963. All suits
and actions, both civil and criminal, pending, or which may hereafter
be instituted for causes of action now existing or offenses already
committed against any law or ordinance repealed by this Charter, shall
be instituted, proceeded with, and prosecuted to final determination
and judgment as if this Charter had not become effective.
[Ch. Res. No. 1, 8-21-1963, sec. 87; Res. No. 6, 10-7-1982; amended 3-16-2010 by Ch. Res. No. 01-10]
(a) Every act or omission which by ordinance is made a misdemeanor under
the authority of this Charter, unless otherwise provided shall be
punishable by a fine not exceeding one thousand dollars ($1,000.00)
or imprisonment for six months in the County jail, or both. The party
aggrieved shall have the right to appeal as is provided under the
general laws of the State. Where the act or omission is of a continuing
nature and is persisted in, a conviction for one offense shall not
be a bar to conviction for a continuation of the offense subsequent
to the first or any succeeding conviction.
(b) Every act or omission which by ordinance is made a municipal infraction
under the authority of this Charter, unless otherwise provided shall
be punishable by a fine not exceeding one thousand dollars ($1,000.00)
for each municipal infraction. Enforcement of an ordinance the violation
of which is classified as a municipal infraction shall be in accordance
with the general laws of the State.
[Ch. Res. No. 1, 8-21-1963, sec. 88]
Whenever the masculine gender has been used for any reason in
this Charter, it shall be construed to include the feminine gender.
[Ch. Res. No. 1, 8-21-1963, sec. 89]
(a) Not in conflict. All ordinances, resolutions, rules, and regulations
in effect in the Town on October 10, 1963, which are not in conflict
with the provisions of this Charter shall remain in effect until changed
or repealed according to the provisions of this Charter.
(b) In conflict. All ordinances, resolutions, rules, and regulations
in effect in the Town on October 10, 1963, which are in conflict with
the provisions of this Charter be and the same hereby are repealed
to the extent of such conflict.
[Ch. Res. No. 1, 8-21-1963, sec. 90; amended 10-21-2015 by Ch. Res. No. 01-2015]
An ordinance is defined as a legislative act of the Mayor and
Council or as a regulation of a general permanent nature. A resolution
is defined as an act of the Mayor and Council typically of a temporary
nature. Ordinances will ordinarily be enacted only for permanent legislative
items. Except as prescribed by statute, ordinance or this Charter,
resolutions will be ordinarily enacted for important, but non-permanent
items such as tax rates, bond issues, compensation of employees, special
assessments, and executive and administrative matters.
[Ch. Res. No. 1, 8-21-1963, sec. 91]
If any section or part of section of this Charter shall be held
invalid by a court of competent jurisdiction, such holding shall not
affect the remainder of this Charter nor the context in which such
section or part of section so held invalid shall appear, except to
the extent that an entire section or part of section may be inseparably
connected in meaning and effect with the section or part of section
to which such holding shall directly apply.
[Ch. Res. No. 13, 11-16-2005; Ch. Amend Res. FH003-07, 9-4-2007]
Public officials, appointed or elected, are expected to display
a high level of professionalism and integrity in their service to
the Town of Forest Heights. Accordingly, any public official in the
Town of Forest Heights, appointed or elected, shall be subject to
the following provisions:
(a) Charter Violations. Any violations of the Charter of the Town of
Forest Heights, as determined by a favorable vote of the 4 members
of the Council vote, shall be grounds for immediate suspension from
office for a period of not more than 180 days. Suspension from office
shall only be effected with a favorable vote of the 4 members of the
Council vote. In the case of the Mayor being suspended, the President
of the Council shall carry out the duties of the Mayor until said
suspension expires.
(b) Pending Criminal Charges. Any Town Official facing pending criminal
charges may be subject to suspension of duties pending the outcome
of the criminal charges against him. Suspension from office shall
only be effected with a favorable vote of the 4 members of the Council
vote. In the case of the Mayor being suspended, the President of the
Council shall carry out the duties of the Mayor until said suspension
expires.
(c) Conviction of a Crime. Any Town Official convicted of a crime may
be subject to expulsion from office. Expulsion from office shall only
be effected with a 2/3 majority Council vote. The terms of the expulsion
shall be clearly delineated by resolution. Any public office made
vacant through expulsion shall be filled in accordance with the applicable
provisions of this Charter.
At any time that twenty per centum (20%) of the qualified registered
voters submit a petition for a recall vote on the Mayor, and twenty
per centum (20%) of qualified voters of the Ward submit a petition
to recall the elected official of that Ward, to the legislative body
or via certified mail, return receipt requested, the Mayor, and Council
shall, within thirty (30) days of the date the petitions are submitted,
validate in open session that the signors are qualified registered
voters living in the Town of Forest Heights and shall, at that or
the next legislative meeting of the elected body, schedule by Resolution,
a special election on the recall petition, all pursuant to Article
23A of the Annotated Code of Maryland.